Section 413 BNSS: No appeal to lie unless otherwise provided (Formerly Section 372 CrPC)

Section 413 of Bharatiya Nagarik Suraksha Sanhita, 2023: No appeal to lie unless otherwise provided

Official Bare Act Text

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

No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:

Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.

Legal Commentary & Landmark Judgments: Section 413

Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023 establishes the victim's independent and substantive right of appeal against acquittals and inadequate sentences.

Appellate Remedies & Forum: Section 413 enacts the general rule that no appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Sanhita or by any other law.
Statutory Rights & Obligations: The proviso incorporates the landmark victim's right of appeal: the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.

Key Landmark Precedents:

Mallikarjun Kodagali v. State of Karnataka (2019) 2 SCC 752: The 3-Judge Bench held that the victim has an absolute, substantive right to appeal under the proviso to Section 372 CrPC (Sec 413 BNSS) without having to seek leave or special leave to appeal from the appellate court.
Naval Kishore Mishra v. State of U.P. (2019) 13 SCC 182: Affirmed that the victim's right to appeal against acquittal is comprehensive, independent of the State's decision to appeal, and extends to legal heirs.

Legal Commentary:

Section 413 ensures that the victim is not at the mercy of the State's prosecution machinery. Even if the State Government decides not to challenge an acquittal or light sentence, the victim can independently file a statutory appeal before the Sessions Court or High Court.