Section 295 BNSS: Finality of judgment (Formerly Section 265G CrPC)

Section 295 of Bharatiya Nagarik Suraksha Sanhita, 2023: Finality of judgment

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

The judgment delivered by the Court under this section shall be final and no appeal (except the special leave petition under article 136 and writ petition under articles 226 and 227 of the Constitution) shall lie in any Court against such judgment.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 295

Section 295 of the Bharatiya Nagarik Suraksha Sanhita, 2023 enacts the finality of judgments delivered in plea bargaining, barring regular appeals.

Core Legal Standard: Section 295 provides that the judgment delivered by the Court under Section 294 shall be final.
Appellate Remedies & Forum: No appeal shall lie in any Court against such judgment, save and except that a special leave petition under Article 136 of the Constitution, or a writ petition under Article 226 or Article 227 of the Constitution before the High Court, shall lie.

By attaching finality to plea bargaining judgments, Section 295 prevents protracted appellate litigation while securing swift, negotiated resolution of eligible criminal charges.

Key Landmark Precedents:

State of U.P. v. Chandrika (1999) 8 SCC 638: The Supreme Court settled that the statutory bar on appeals reinforces the finality of consensual plea bargaining, leaving only extraordinary constitutional remedies available to remedy gross fraud or lack of jurisdiction.
P.R. Deshpande v. Maruti Balaram Haibatti (1998) 6 SCC 507: Affirmed that while statutory appeals are barred, the constitutional supervisory jurisdiction of the High Court and Supreme Court cannot be extinguished by ordinary legislation.

Legal Commentary:

Section 295 provides finality to both the accused and the victim. Neither the prosecution nor the victim can file a regular appeal to enhance the sentence, nor can the accused challenge their conviction, ensuring swift and irrevocable closure to the litigation.