APPEALS
CHAPTER XXXI
413. No appeal to lie unless otherwise provided
414. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
415. Appeals from convictions
416. No appeal in certain cases when accused pleads guilty
417. No appeal in petty cases
418. Appeal by State Government against sentence
419. Appeal in case of acquittal
420. Appeal against conviction by High Court in certain cases
421. Special right of appeal in certain cases
422. Appeal to Court of Session how heard
423. Petition of appeal
424. Procedure when appellant in jail
425. Summary dismissal of appeal
426. Procedure for hearing appeals not dismissed summarily
427. Powers of Appellate Court
428. Judgments of subordinate Appellate Court
429. Order of High Court on appeal to be certified to lower Court
430. Suspension of sentence pending appeal; release of appellant on bail
431. Arrest of accused in appeal from acquittal
432. Appellate Court may take further evidence or direct it to be taken
433. Procedure where Judges of Court of appeal are equally divided
434. Finality of judgments and orders on appeal
435. Abatement of appeals
CONTENTS
Based on Chapter XXXI (Appeals) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are 30 preliminary examination questions covering Sections 413 to 435 With Answers In The End.
Chapter XXXI: Appeals (Sections 413–435)
Q1. Under Section 413, what is the fundamental rule regarding the right to appeal in criminal cases?
A) An appeal is a matter of right in every criminal proceeding
B) No appeal shall lie from any judgment or order unless provided by the BNSS or other law
C) Appeals are only allowed against orders of conviction
D) Only the High Court can decide whether an appeal is maintainable
Q2. Consider the Proviso to Section 413 regarding the victim’s right to appeal. Against which of the following orders can a victim prefer an appeal?
A) An order acquitting the accused
B) An order convicting for a lesser offence
C) An order imposing inadequate compensation
D) All of the above
Q3. To which Court does a victim's appeal lie under the Proviso to Section 413?
A) To the Court of Session only
B) Directly to the High Court in all cases
C) To the Court to which an appeal ordinarily lies against the order of conviction
D) To the Supreme Court
Q4. Under Section 414, if a person is ordered by a Magistrate to give security for keeping the peace or good behaviour, where does the appeal lie?
A) High Court
B) Court of Session
C) Chief Judicial Magistrate
D) District Magistrate
Q5. According to Section 415, a person convicted on a trial held by a High Court in its original criminal jurisdiction may appeal to:
A) A larger Bench of the same High Court
B) The Supreme Court
C) The State Government
D) No appeal is allowed
Q6. Where does an appeal lie for a person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge?
A) Court of Session
B) High Court
C) Supreme Court
D) Chief Judicial Magistrate
Q7. If a person is convicted by a Magistrate of the first class and sentenced to imprisonment, where should they file their appeal under Section 415(3)?
A) To the High Court
B) To the Court of Session
C) To the Chief Judicial Magistrate
D) No appeal lies
Q8. Under Section 416, if an accused pleads guilty and is convicted by a Court of Session or a Magistrate of the first class, an appeal may lie only as to:
A) The findings of fact
B) The admissibility of evidence
C) The extent or legality of the sentence
D) There is no right of appeal whatsoever
Q9. (Problem) 'A' is convicted by a Magistrate of the first class and sentenced to a fine of eight hundred rupees. Under Section 417, does 'A' have a right to appeal?
A) Yes, because every conviction is appealable
B) No, because it is considered a petty case where only a fine not exceeding one thousand rupees was imposed
C) Yes, if 'A' obtains permission from the Sessions Judge
D) Only if 'A' is a woman or child
Q10. What is the maximum sentence of imprisonment passed by a Court of Session that is considered a "petty case" with no right of appeal under Section 417(b)?
A) One month
B) Two months
C) Three months
D) Six months
Q11. Under Section 418(1), who has the power to direct the Public Prosecutor to present an appeal against a sentence on the ground of its inadequacy?
A) The District Magistrate
B) The State Government
C) The High Court
D) The victim
Q12. If a case was investigated by a Central Agency (like the CBI), which authority directs the appeal against an inadequate sentence under Section 418(2)?
A) State Government
B) Central Government
C) Supreme Court
D) Director of Prosecution
Q13. (Statement Based) Regarding the enhancement of sentence in an appeal under Section 418:
Statement I: The Appellate Court can enhance a sentence even if the accused was not present.
Statement II: No sentence shall be enhanced unless the accused has had a reasonable opportunity of showing cause against such enhancement.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both are correct
D) Neither is correct
Q14. In an appeal against the inadequacy of a sentence, the accused, while showing cause against enhancement, also has a right to plead for:
A) His acquittal
B) The reduction of the sentence
C) Both A and B
D) Only B
Q15. Under Section 419(1)(a), the District Magistrate may direct the Public Prosecutor to appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of:
A) Any offence
B) Only bailable offences
C) A cognizable and non-bailable offence
D) Only non-cognizable offences
Q16. According to Section 419(3), no appeal from an order of acquittal shall be entertained by the High Court except with:
A) The permission of the State Government
B) The consent of the accused
C) The leave of the High Court
D) A certificate from the Trial Court
Q17. If an acquittal is passed in a case instituted upon a complaint, the complainant may appeal to the High Court provided they obtain:
A) A warrant from the Magistrate
B) Special leave to appeal from the High Court
C) Sanction from the Advocate General
D) Consent from the Public Prosecutor
Q18. What is the time limit for a complainant (who is a public servant) to apply for special leave to appeal against acquittal under Section 419(5)?
A) Sixty days
B) Ninety days
C) Six months
D) Six months from the date of the order
Q19. Under Section 420, if the High Court reverses an order of acquittal and sentences the person to death or life imprisonment, the person has a right to appeal to:
A) A Full Bench of the High Court
B) The Supreme Court
C) The President of India
D) No further appeal is possible
Q20. According to Section 422, which of the following officers can hear an appeal made over to them by a Sessions Judge?
A) An Additional Sessions Judge
B) A Chief Judicial Magistrate
C) Both A and B
D) Only A
Q21. Under Section 424, if an appellant is in jail, how can they present their petition of appeal?
A) Through a private messenger to the High Court
B) By giving it to the officer in charge of the jail
C) Only through a designated legal aid advocate
D) They must wait until they are released
Q22. Section 425(1) empowers an Appellate Court to dismiss an appeal summarily if it considers:
A) The accused is guilty beyond doubt
B) There is no sufficient ground for interfering
C) The Public Prosecutor does not object
D) The case involves a minor fine
Q23. (Problem) An Appellate Court intends to dismiss an appeal summarily. Under Section 425(2), before doing so, the Court must:
A) Give the appellant or his advocate a reasonable opportunity of being heard
B) Record the testimony of the victim
C) Seek a report from the Investigating Officer
D) Issue a warrant for the accused
Q24. Under Section 427, what can an Appellate Court NOT do in an appeal from a conviction?
A) Reverse the finding and sentence and acquit the accused
B) Order a re-trial by a Court of competent jurisdiction
C) Enhance the sentence without showing cause
D) Alter the nature or extent of the sentence
Q25. According to Section 430(1), pending an appeal by a convicted person, the Appellate Court may order that:
A) The conviction be set aside immediately
B) The execution of the sentence be suspended
C) The accused be released on bail or his own bond
D) Both B and C
Q26. Under Section 430(2), if a person is convicted of an offence punishable with death or life imprisonment, the Appellate Court must generally:
A) Release them on bail immediately
B) Give the Public Prosecutor an opportunity to show cause in writing against such release
C) Refuse bail in all circumstances
D) Transfer the case to the Supreme Court
Q27. Section 432(1) allows an Appellate Court to take additional evidence itself or direct it to be taken by:
A) A Magistrate
B) A Court of Session (if the Appellate Court is the High Court)
C) Both A and B
D) Only the Trial Court
Q28. In a case where Judges of a High Court Bench are equally divided in opinion during an appeal, the case is decided:
A) By the senior-most Judge
B) By laying the appeal before another Judge of that Court
C) By ordering a fresh trial in the Sessions Court
D) By the Chief Justice of India
Q29. According to Section 435, every appeal against an acquittal (under Section 419) shall finally abate on:
A) The framing of charges
B) The death of the accused
C) The death of the complainant
D) The lapse of six months
Q30. (Statement Based) Regarding Section 435:
Statement I: An appeal against conviction abates on the death of the appellant.
Statement II: A near relative may apply to continue an appeal against a sentence of imprisonment or death within thirty days of the appellant's death.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both are correct
D) Neither is correct
Answer Key
Q1. B
Q2. D
Q3. C
Q4. B
Q5. B
Q6. B
Q7. B
Q8. C
Q9. B
Q10. C
Q11. B
Q12. B
Q13. B
Q14. C
Q15. C
Q16. C
Q17. B
Q18. D
Q19. B
Q20. C
Q21. B
Q22. B
Q23. A
Q24. C
Q25. D
Q26. B
Q27. C
Q28. B
Q29. B
Q30. C
Based on Chapter XXXI (Appeals) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are 20 statement-based practice questions for preliminary examinations.
Chapter XXXI Practice Questions
Q1. Consider the following statements regarding the right to appeal under Section 413:
Statement I: No appeal shall lie from any judgment or order of a Criminal Court unless specifically provided for by the BNSS or other applicable law.
Statement II: A victim has a statutory right to appeal against an order acquitting the accused or convicting the accused for a lesser offence.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q2. Regarding appeals from security-related orders under Section 414:
Statement I: Any person ordered to give security for keeping the peace or good behaviour under Section 136 may appeal to the Court of Session.
Statement II: This right of appeal is also available to persons whose proceedings are laid before a Sessions Judge under Section 141.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q3. Consider the following statements concerning Section 415 (Appeals from Convictions):
Statement I: A person convicted on a trial held by a High Court in its original criminal jurisdiction may appeal to the Supreme Court.
Statement II: A person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge may appeal to the High Court.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q4. Evaluate these statements regarding Section 416 (No appeal in certain cases when accused pleads guilty):
Statement I: If an accused pleads guilty and is convicted by a Court of Session, there is no right of appeal if the conviction is based on that plea.
Statement II: In such cases, an appeal may still lie, but it is restricted to the extent or legality of the sentence.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q5. Regarding "petty cases" where no appeal lies under Section 417:
Statement I: No appeal lies when a Court of Session passes a sentence of imprisonment for a term not exceeding three months.
Statement II: No appeal lies when a Magistrate of the first class passes a sentence of fine not exceeding one thousand rupees.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q6. Concerning appeals against sentences under Section 418:
Statement I: The State Government may direct the Public Prosecutor to appeal to the Court of Session or High Court on the ground of the inadequacy of a sentence.
Statement II: An Appellate Court may enhance a sentence without providing the accused a reasonable opportunity to show cause against such enhancement.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q7. Evaluate these statements regarding the timeline for sexual offence appeals under BNSS:
Statement I: An appeal against a sentence for an offence of rape (e.g., Section 64 BNS) shall be disposed of within six months from the date of filing.
Statement II: This six-month disposal rule applies to both appeals filed by the convict and appeals filed by the State for enhancement.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q8. Regarding appeals against acquittal under Section 419:
Statement I: The District Magistrate may direct the Public Prosecutor to appeal to the Court of Session from an acquittal passed by a Magistrate for any offence.
Statement II: Such a direction by the District Magistrate is only permissible if the acquittal relates to a cognizable and non-bailable offence.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q9. Consider the following statements concerning appeals in complaint cases (Section 419):
Statement I: If an order of acquittal is passed in a case instituted upon a complaint, the complainant may appeal to the High Court after obtaining special leave.
Statement II: If the complainant is a public servant, the application for special leave must be made within six months from the date of the acquittal order.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q10. Regarding Section 420 (Appeal against conviction by High Court):
Statement I: If the High Court reverses an acquittal and convicts a person to ten years of imprisonment, the person has a right to appeal to the Supreme Court.
Statement II: This right of appeal to the Supreme Court is only available if the High Court imposes a sentence of death or life imprisonment.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q11. Evaluate these statements regarding the hearing of appeals in the Court of Session (Section 422):
Statement I: An appeal to the Court of Session shall ordinarily be heard by the Sessions Judge or an Additional Sessions Judge.
Statement II: An appeal against a conviction by a Magistrate of the second class may be heard and disposed of by a Chief Judicial Magistrate.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q12. Concerning the procedure when an appellant is in jail under Section 424:
Statement I: An appellant in jail must present their petition of appeal through their authorized legal representative in person before the Court.
Statement II: The appellant may present their petition of appeal and accompanying documents to the officer in charge of the jail, who shall forward them to the Court.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q13. Regarding the summary dismissal of appeals under Section 425:
Statement I: An Appellate Court may dismiss an appeal summarily if it considers that there is no sufficient ground for interfering.
Statement II: No appeal shall be dismissed unless the appellant or his advocate has had a reasonable opportunity of being heard in support of the same.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q14. Consider the powers of the Appellate Court under Section 427:
Statement I: In an appeal from a conviction, the Appellate Court can reverse the finding and sentence and acquit or discharge the accused.
Statement II: While altering the nature or extent of a sentence in an appeal from conviction, the Court has the power to enhance the same.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q15. Regarding the suspension of sentence pending appeal (Section 430):
Statement I: An Appellate Court may order that the execution of a sentence be suspended and the appellant be released on bail pending the appeal.
Statement II: If the appellant is convicted of an offence punishable with death or life imprisonment, the Court must give the Public Prosecutor an opportunity to show cause against such release.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q16. Concerning additional evidence in appeals under Section 432:
Statement I: An Appellate Court may take additional evidence itself or direct it to be taken by a Magistrate or a Court of Session.
Statement II: The accused or his advocate shall not have the right to be present during the taking of such additional evidence to maintain the confidentiality of the inquiry.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q17. Evaluate these statements regarding a tie in the opinion of Appellate Judges (Section 433):
Statement I: If the Judges of the Court of Appeal are equally divided in opinion, the case shall be decided according to the opinion of the Chief Justice of that Court.
Statement II: In such a tie, the appeal shall be laid before another Judge of that Court, and the judgment or order shall follow the opinion of that Judge.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q18. Regarding the finality of appellate judgments under Section 434:
Statement I: Every judgment or order passed by an Appellate Court upon appeal shall be final and absolute in all cases.
Statement II: This finality is subject to specific exceptions, including cases relating to enhancement of sentence, appeals against acquittal, and Revision.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q19. Concerning the abatement of appeals under Section 435:
Statement I: Every appeal against an acquittal under Section 419 shall finally abate on the death of the accused.
Statement II: Every appeal against a conviction (other than an appeal from a sentence of fine only) shall finally abate on the death of the appellant.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q20. Regarding the continuation of an appeal after the appellant's death (Section 435 Proviso):
Statement I: If an appellant convicted of imprisonment dies, any near relative may apply to the Appellate Court for leave to continue the appeal.
Statement II: Such an application by the near relative must be made within sixty days from the date of the death of the appellant.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Answer Key
Q1. C (S. 413)
Q2. A (S. 414 - Statement II is false per the Proviso)
Q3. C (S. 415)
Q4. C (S. 416)
Q5. C (S. 417 - Note: Statement II reflects the new fine limit of ₹1,000)
Q6. A (S. 418 - Statement II is false; S. 418(3) requires an opportunity to show cause)
Q7. C (S. 415, 418)
Q8. B (S. 419 - Statement I is too broad)
Q9. C (S. 419)
Q10. A (S. 420 - The section includes sentences of 10 years or more)
Q11. C (S. 422)
Q12. B (S. 424 - Statement I is false)
Q13. C (S. 425)
Q14. A (S. 427 - Statement II is false; S. 427(b)(iii) says "not so as to enhance")
Q15. C (S. 430)
Q16. A (S. 432 - Statement II is false per S. 432(3))
Q17. B (S. 433 - Statement I is false)
Q18. B (S. 434 - Statement I is false)
Q19. C (S. 435)
Q20. A (S. 435 Proviso - Statement II is false; the limit is thirty days)
One-Line Revision Reckoner for Chapter XXXI
This "Appellate Procedure Ready Reckoner" provides a streamlined and comprehensive guide to Chapter XXXI (Sections 413–435) of the BNSS, 2023. This chapter governs the rights, forums, and procedures for appealing criminal judgments and orders.
1. Fundamental Principles (Section 413)
-
General Bar: No appeal lies from any judgment or order of a Criminal Court unless specifically provided for by the BNSS or other applicable law.
-
Victim’s Right: A victim has a statutory right to appeal against orders acquitting the accused, convicting for a lesser offence, or awarding inadequate compensation.
-
Forum: This appeal lies to the Court where an appeal ordinarily lies against the order of conviction.
-
2. Forums for Appeal (Sections 414–415)
-
Security Orders (S. 136): Appeals against orders requiring security for keeping the peace or good behaviour lie to the Court of Session.
-
Conviction by High Court (Original Jurisdiction): Appeal lies to a larger Bench of the same High Court.
-
Conviction by Sessions/Additional Sessions Judge: Appeal lies to the High Court.
-
Conviction by Magistrate (1st Class): Appeal lies to the Court of Session.
-
Conviction by Magistrate (2nd Class): Appeal may be heard and disposed of by the Chief Judicial Magistrate if directed by the Sessions Judge.
3. Restrictions on Appeals (Sections 416–417)
-
Plea of Guilty: If the accused pleads guilty and is convicted, the appeal is limited only to the extent or legality of the sentence.
-
Petty Cases (No Appeal Allowed):
-
High Court: Sentence of imprisonment not exceeding 3 months or fine not exceeding ₹1,000.
-
Court of Session: Sentence of imprisonment not exceeding 3 months.
-
Magistrate (1st Class): Fine not exceeding ₹1,000.
-
4. Appeals Against Sentence and Acquittal (Sections 418–419)
-
Inadequacy of Sentence: The State or Central Government may direct the Public Prosecutor to appeal for enhancement.
-
Opportunity to Show Cause: The accused must be given a reasonable opportunity to show cause against enhancement and may plead for acquittal.
-
Sexual Offences Timeline: Appeals related to specified sexual offences (e.g., S. 64 BNS) must be disposed of within six months.
-
-
Acquittal:
-
The District Magistrate or State/Central Government can direct the Public Prosecutor to appeal against an acquittal.
-
Private Complainants: Must apply for special leave to appeal from the High Court.
-
Limitation for Leave: 6 months for public servants; 60 days for others from the date of the order.
-
5. Appellate Procedures (Sections 423–426, 430)
-
Form: Appeals must be presented as a written petition accompanied by a copy of the judgment.
-
Appellant in Jail: The petition can be given to the officer in charge of the jail, who must forward it to the Court.
-
Summary Dismissal: An Appellate Court can dismiss an appeal if there is no sufficient ground, but only after providing the appellant or their advocate an opportunity to be heard.
-
Suspension of Sentence: Pending appeal, the Court may suspend the sentence and release the appellant on bail or bond.
6. Powers of the Appellate Court (Section 427)
-
In Acquittal Appeals: The Court can reverse the order, direct further inquiry, order a re-trial, or find the person guilty and pass a sentence.
-
In Conviction Appeals: The Court can reverse the finding and acquit/discharge the accused, order a re-trial, or alter the nature/extent of the sentence (but not so as to enhance it).
7. Finality and Abatement (Sections 433–435)
-
Tie-Breaking: If High Court Judges are equally divided, the appeal is laid before another Judge of that Court.
-
Abatement (Death of Party):
-
Acquittal Appeal: Abates on the death of the accused.
-
Conviction Appeal: Abates on the death of the appellant.
-
Crucial Exception: Near relatives (parents, spouse, siblings, etc.) may apply to continue an appeal against a sentence of death or imprisonment within thirty days of the appellant's death.
-
Quick Revision Tip:
BNSS 2023 Update: The fine limit for "petty cases" (no appeal) is ₹1,000 for High Courts, ₹200 for Courts of Session, and ₹100 for 1st Class Magistrates. It also introduces a mandatory six-month disposal window for all appeals involving major sexual offences under the BNS.