Section 420 BNSS: Appeal against conviction by High Court in certain cases (Formerly Section 379 CrPC)

Section 420 of Bharatiya Nagarik Suraksha Sanhita, 2023: Appeal against conviction by High Court in certain cases

Official Bare Act Text

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

Where the High Court has, on appeal, reversed an order of acquittal of an accused person and convicted him and sentenced him to death or to imprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the Supreme Court.

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 420

Section 420 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 379 of the CrPC, 1973 and Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970) provides for an appeal to the Supreme Court as of right where the High Court reverses an acquittal and sentences the accused to death, life imprisonment, or imprisonment for 10 years or more.

Reversal of Acquittal by High Court: Triggered where the High Court has on appeal reversed an order of acquittal of an accused person.
Severe Sentencing Threshold: And sentenced them to death or to imprisonment for life or to imprisonment for a term of ten years or more.
Appeal as of Right: The convicted person may appeal to the Supreme Court as a matter of statutory right without needing a special certificate of fitness under Article 134(1)(c).

Key Landmark Precedents:

Chandrappa v. State of Karnataka, (2007) 4 SCC 415: The Supreme Court authoritatively analyzed appeals under Section 379 CrPC, holding that the Supreme Court will examine the entire factual and legal evidence afresh when the High Court overturns a trial court acquittal.
Ghurey Lal v. State of U.P., (2008) 10 SCC 450: Reaffirmed that the High Court should not reverse an acquittal unless the trial court's view is palpably erroneous, perverse, or legally impossible.

Courtroom Practice & Strategic Litigation Guidance:

In Supreme Court statutory appeals under Section 420, establish that the trial court's order of acquittal was a reasonably possible view based on the record, which precluded the High Court from substituting its own subjective opinion.