Criminal Appeals in India: Procedure, Grounds & New Provisions Under BNSS 2023
Criminal appeals form one of the most important safeguards in the Indian justice system. They ensure that errors committed by trial courts can be corrected by higher courts, preventing wrongful convictions and ensuring fairness.
With the introduction of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)—which replaced the Code of Criminal Procedure, 1973 (CrPC)—the appellate framework in criminal matters has been significantly reorganized, though the core principles remain similar.
This article explains the meaning of criminal appeals, their types, grounds to file an appeal, procedural steps, and the changes introduced under BNSS.
What Is a Criminal Appeal?
A criminal appeal is a statutory right that allows an aggrieved person—usually an accused or the State—to approach a higher court challenging:
- Conviction
- Acquittal
- Sentencing
- Orders under special statutes
- Other judicial determinations affecting rights
The appellate court may affirm, modify, reverse, or order a retrial depending on the merits of the case.
Relevant Provisions Under the BNSS, 2023
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, criminal appeals are primarily governed by:
- Sections 401–414 BNSS — Appeals
- Sections 417–422 BNSS — Appeals by the Government
- Sections 423–432 BNSS — Revision powers
- Section 392 BNSS — Confirmation of death sentence
- Section 439 BNSS — Suspension of sentence pending appeal
- Section 394 BNSS — Appeal against acquittal
These sections broadly correspond to the earlier CrPC provisions but include modernised language, timelines, and digital-friendly processes.
Types of Criminal Appeals
1. Appeal Against Conviction
Filed by a convicted person challenging:
- Findings of guilt
- Incorrect appreciation of evidence
- Misapplication of law
- Excessive sentence
2. Appeal Against Acquittal
Under Section 394 BNSS, the State or the complainant (in certain cases) may file an appeal challenging an acquittal.
3. Appeal Against Sentence
Challenging the quantum of sentence, even when the conviction is accepted.
4. Appeal by the State
The prosecution may challenge:
- Lenient sentence
- Inadequate compensation
- Improper acquittal
5. Appeals in Special Acts
Statutes like NDPS Act, POCSO Act, SC/ST Act, etc., contain specific appellate provisions in addition to BNSS.
Who Can File a Criminal Appeal?
- Accused / convict
- State Government
- Central Government
- Victim (in limited categories)
- Complainant (in complaint cases)
BNSS provides clearer guidelines on victim rights and appellate participation.
Grounds for Filing a Criminal Appeal
Courts commonly entertain appeals when there are:
- Misreading or ignoring evidence
- Illegal or improper admission/exclusion of evidence
- Violation of principles of natural justice
- Wrong interpretation of law
- Procedural irregularities affecting outcome
- Perverse findings unsupported by evidence
- Disproportionate sentencing
- Reliance on unreliable witnesses
- Failure to consider material contradictions
Limitation Period Under BNSS
The limitation for filing criminal appeals remains largely similar to CrPC:
- 30 days — Appeals against acquittal
- 60–90 days — Appeals against conviction (depending on forum)
- No strict limitation — Death sentence confirmation (mandatory judicial review)
Courts may condone delay when “sufficient cause” is shown.
Appellate Forums for Criminal Appeals
1. Sessions Court
Appeals from Magistrate convictions.
2. High Court
- Appeals from Sessions Courts
- Appeals against acquittal
- Death reference cases
3. Supreme Court
- Appeals under Article 136 (SLP)
- Appeals under Article 134 (substantial questions of law)
Procedure for Filing a Criminal Appeal
1. Drafting the Appeal
Must include:
- Grounds of challenge
- Errors of law and fact
- Certified copy of judgment and order
- Sentence and custody details
2. Filing & Scrutiny
The appeal is filed with supporting documents.
3. Admission Stage
Court decides whether the appeal has prima facie merit.
4. Suspension of Sentence (Section 439 BNSS)
The appellate court may:
- Suspend sentence
- Grant bail
- Release convict pending appeal
5. Calling of Record
Original trial court records are summoned.
6. Final Hearing
Court hears both sides, re-examines evidence (in limited scope), and delivers judgment.
Powers of Appellate Court Under BNSS
The appellate court may:
- Reverse conviction
- Order retrial
- Modify or reduce sentence
- Enhance sentence (with reasons)
- Set aside or uphold acquittal
- Award compensation
- Grant benefit of probation
- Order release due to miscarriage of justice
BNSS emphasizes digitization, enabling electronic records and faster disposal.
Difference Between Criminal Appeal, Revision & Review
| Remedy | Who Files | Scope |
|---|---|---|
| Appeal | Accused/State | Broad—can re-evaluate facts & law |
| Revision | Accused/State | Narrow—jurisdictional errors only |
| Review | Rare in criminal law | Limited correction of apparent errors |
Why Criminal Appeals Are Important
- Prevent wrongful convictions
- Ensure fair sentencing
- Promote judicial accountability
- Correct procedural or evidentiary errors
- Safeguard constitutional rights under Articles 20 & 21
Criminal appeals are the backbone of the appellate justice system and essential for ensuring equitable outcomes in criminal prosecutions.
Conclusion
Criminal appeals allow higher courts to rectify mistakes, ensure justice, and protect the rights of accused persons and victims alike. With BNSS introducing modernised procedural rules, digital processes, and clearer timelines, appellate justice is expected to become more efficient and transparent.
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