Section 421 BNSS: Special right of appeal in certain cases (Formerly Section 380 CrPC)

Section 421 of Bharatiya Nagarik Suraksha Sanhita, 2023: Special right of appeal in certain cases

Official Bare Act Text

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

Notwithstanding anything in this Chapter, when more persons than one are convicted in one trial, and an appealable judgment or order has been passed in respect of any of such persons, all or any of the persons convicted at such trial shall have a right of appeal.

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 421

Section 421 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 380 of the CrPC, 1973) confers a special right of appeal where more persons than one are convicted in one trial and an appealable judgment is passed in respect of any of them.

Joint Trial Conviction: Applies when more persons than one are convicted in one trial, and an appealable judgment or order has been passed in respect of any of such persons.
Right Extended to All Convicts: All or any of the persons convicted at such trial shall have a right of appeal, even if their individual sentences would otherwise be non-appealable under Section 417.
Parity in Appellate Remedy: Ensures that all co-convicts in a joint trial enjoy parity of appellate scrutiny.

Key Landmark Precedents:

Dharmanand Pant v. State of U.P., AIR 1957 SC 594: The Supreme Court noted that Section 380 CrPC (Section 421 BNSS) prevents procedural anomalies by granting all co-accused the right to appeal once the threshold is crossed by any one co-accused.
State of Punjab v. Satnam Singh, 1991 Cri LJ 1120: Affirmed that co-accused receiving nominal fines can join the substantive appeal filed by a co-accused sentenced to substantive imprisonment.

Courtroom Practice & Strategic Litigation Guidance:

If your client was sentenced only to a small fine in a joint trial where a co-accused received substantive jail time, file an appeal under Section 421 relying on the co-accused's appealable sentence.