Section 431 BNSS: Arrest of accused in appeal from acquittal (Formerly Section 390 CrPC)

Section 431 of Bharatiya Nagarik Suraksha Sanhita, 2023: Arrest of accused in appeal from acquittal

Official Bare Act Text

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

When an appeal is presented under section 419, the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail.

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) Bail Sec 478

Legal Commentary & Landmark Judgments: Section 431

Section 431 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 390 of the CrPC, 1973) empowers the High Court, upon admitting an appeal from an order of acquittal, to issue a warrant directing the arrest of the accused and commit them to prison or grant bail.

Appeals Against Acquittal Trigger: Applies when an appeal is presented under Section 419 against an order of acquittal.
Arrest Warrant Discretion: The High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court.
Commitment to Prison or Bail: The Court before which the accused is brought may commit them to prison pending disposal of the appeal or admit them to bail.
Presumption of Innocence Governs: Because the accused enjoys a double presumption of innocence post-acquittal, bail is the rule and committal to prison is an exception.

Key Landmark Precedents:

State of U.P. v. Poosu, (1976) 3 SCC 1: The Supreme Court authoritatively held that power under Section 390 CrPC (Section 431 BNSS) to arrest an acquitted person must be exercised with circumspection; bail should ordinarily be granted unless there is a grave risk of abscondence.
State of Maharashtra v. Sujay, 1982 Cri LJ 2154: Affirmed that an acquitted respondent appearing before the court in an acquittal appeal is entitled to bail as a matter of standard practice.

Courtroom Practice & Strategic Litigation Guidance:

When representing an acquitted respondent arrested under Section 431, move an immediate bail application citing Poosu, arguing that double presumption of innocence entitles the respondent to bail pending appeal.