Section 434 BNSS: Finality of judgments and orders on appeal (Formerly Section 393 CrPC)

Section 434 of Bharatiya Nagarik Suraksha Sanhita, 2023: Finality of judgments and orders on appeal

Official Bare Act Text

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

Judgments and orders passed by an Appellate Court upon an appeal shall be final, except in the cases provided for in section 418, section 419, sub-section (4) of section 425 or Chapter XXXII:

Provided that notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits,—

(a) an appeal against acquittal under section 419, arising out of the same case; or

(b) an appeal for the enhancement of sentence under section 418, arising out of the same case.

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 434

Section 434 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 393 of the CrPC, 1973) declares that judgments and orders passed by an Appellate Court upon appeal shall be final, subject to reference, revision, and Supreme Court appeals.

Doctrine of Appellate Finality: Judgments and orders passed by an Appellate Court upon an appeal shall be final.
Statutory Exceptions: Finality is subject to: Section 418 (appeal for enhancement), Section 419 (appeal from acquittal), Chapter XXXI (reference and revision), and constitutional remedies under Articles 136 and 226.
Bar on Collateral Attacks: Prevents re-litigation of appellate verdicts before subordinate or coordinate judicial benches.

Key Landmark Precedents:

Pranab Kumar Mitra v. State of W.B., AIR 1959 SC 144: The Supreme Court held that appellate finality attaches to the decision on merits, terminating the jurisdiction of subordinate courts to modify or recall the judgment.
State of Punjab v. Davinder Pal Singh Bhullar, (2011) 14 SCC 770: Reaffirmed that once an appellate judgment achieves finality, it cannot be reopened except through constitutional review.

Courtroom Practice & Strategic Litigation Guidance:

Rely on Section 434 to oppose attempts by the prosecution to seek rehearing or reconsideration of an appellate acquittal via collateral magisterial applications.