Section 390 BNSS: Appeals from convictions under sections 383, 384, 388 and 389 (Formerly Section 351 CrPC)

Section 390 of Bharatiya Nagarik Suraksha Sanhita, 2023: Appeals from convictions under sections 383, 384, 388 and 389

Official Bare Act Text

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

(1) Any person sentenced by any Court other than a High Court under section 383, section 384, section 388, or section 389 may, notwithstanding anything contained in this Sanhita appeal to the Court to which decrees or orders made in such Court are ordinarily appealable.

(2) The provisions of Chapter XXXI shall, so far as they are applicable, apply to appeals under this section, and the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against.

(3) An appeal from such conviction by a Court of Small Causes shall lie to the Court of Session for the sessions division within which such Court is situate.

(4) An appeal from such conviction by any Registrar or Sub-Registrar deemed to be a Civil Court by virtue of a direction issued under section 386 shall lie to the Court of Session for the sessions division within which the office of such Registrar or Sub-Registrar is situate.

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 390

Section 390 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 351 of the CrPC, 1973) provides for appeals from summary convictions recorded under Sections 383, 384, 388, and 389.

Right of Appeal: Any person sentenced by any Court under Section 383, 384, 388, or 389 may appeal to the superior appellate forum.
Appellate Forum: Appeals from a Magistrate lie to the Court of Session; appeals from a Court of Session or Court of Small Causes lie to the High Court.
Full Appellate Scrutiny: The appellate court reviews both findings of fact regarding contumacious behaviour and the procedural fairness of the summary trial.

Key Landmark Precedents:

Arjun v. State of Rajasthan, 1985 Cri LJ 890: The High Court affirmed that in an appeal under Section 351 CrPC (Section 390 BNSS), the appellate court must independently satisfy itself that the conviction was justified by contemporaneous judicial notes.
State of M.P. v. Revashankar, AIR 1959 SC 102: Reiterated the supervisory jurisdiction of appellate courts over summary contempt orders.

Courtroom Practice & Strategic Litigation Guidance:

In appeals against summary contempt or perjury convictions under Section 390, emphasize any lack of show-cause notice, denial of opportunity to explain, or procedural haste to overturn the penal order.