Section 424 BNSS: Procedure when appellant in jail (Formerly Section 383 CrPC)

Section 424 of Bharatiya Nagarik Suraksha Sanhita, 2023: Procedure when appellant in jail

Official Bare Act Text

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

If the appellant is in jail, he may present his petition of appeal and the copies accompanying the same to the officer in charge of the jail, who shall thereupon forward such petition and copies to the proper Appellate 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 424

Section 424 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 383 of the CrPC, 1973) provides the special procedure for presenting appeals when the appellant is confined in jail (Jail Appeals).

Presentation through Jail Superintendent: If the appellant is in jail, they may present the petition of appeal and the accompanying copies to the officer in charge of the jail.
Transmission to Appellate Court: The officer in charge of the jail shall thereupon forward such petition and copies to the proper Appellate Court forthwith.
Constitutional Safeguard for Undertrials: Ensures that incarcerated convicts without financial means or family representation can exercise their constitutional right of appeal.

Key Landmark Precedents:

Hussainara Khatoon v. Home Secretary, State of Bihar, (1980) 1 SCC 98: The Supreme Court highlighted that jail appeals are vital lifelines for indigent prisoners; jail authorities have a constitutional duty to forward them immediately without bureaucratic inertia.
Kabira v. State of U.P., 1981 Supp SCC 76: Reiterated that jail appeals must be scrutinized with compassionate judicial diligence and free legal aid counsel appointed.

Courtroom Practice & Strategic Litigation Guidance:

Jail visiting advocates must inspect jail appeal dispatch registers to verify that appeals presented under Section 424 are transmitted to the High Court or Sessions Court within 48 hours.