Section 415 BNSS: Appeals from convictions (Formerly Section 374 CrPC)

Section 415 of Bharatiya Nagarik Suraksha Sanhita, 2023: Appeals from convictions

Official Bare Act Text

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

(1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.

(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years has been passed against him or against any other person convicted at the same trial, may appeal to the High Court.

(3) Save as otherwise provided in sub-section (2), any person,—

(a) convicted on a trial held by Magistrate of the first class, or of the second class; or

(b) sentenced under section 364; or

(c) in respect of whom an order has been made or a sentence has been passed under section 401 by any Magistrate, may appeal to the Court of Session.

(4) When an appeal has been filed against a sentence passed under section 64, section 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023, the appeal shall be disposed of within a period of six months from the date of filing of such appeal.

Legal Commentary & Landmark Judgments: Section 415

Section 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 374 of the CrPC, 1973) establishes the statutory right of appeal against criminal convictions from various subordinate courts to the Court of Session, High Court, or Supreme Court.

Appeals from High Court Extraordinary Original Jurisdiction: Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.
Appeals from Sessions Court / Additional Sessions Court: Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge where sentence of imprisonment exceeds seven years may appeal to the High Court.
Appeals from Magisterial Courts: Any person convicted on a trial held by a Metropolitan Magistrate, Assistant Sessions Judge, or Judicial Magistrate may appeal to the Court of Session.
Victim Appeal Nexus: Operates alongside Section 413, guaranteeing substantive appellate review of factual and legal findings.

Key Landmark Precedents:

Babu v. State of Kerala, (2010) 9 SCC 189: The Supreme Court emphasized that an appeal against conviction is a statutory right; the appellate court is duty-bound to reappreciate the entire evidence independently.
Chandrappa v. State of Karnataka, (2007) 4 SCC 415: Reiterated that the appellate court has full power to review, reappreciate, and reconsider evidence upon which the conviction was founded.

Courtroom Practice & Strategic Litigation Guidance:

Ensure appeals against convictions are filed within the limitation period (60 days to High Court, 30 days to Sessions Court), annexing certified copies and moving an urgent application for suspension of sentence and bail under Section 430 BNSS.