Chapter 31: Bharatiya Nagarik Suraksha Sanhita, 2023

CHAPTER XXXI: APPEALS

This chapter lays out the entire framework for appealing a criminal court’s judgment.

Section 413: No appeal to lie unless otherwise provided

• Simple English: This is the general rule. A person does not have an automatic right to appeal every single order a court makes. An appeal can only be filed if this Sanhita (the BNSS) or some other law (like the POCSO Act) expressly provides for an appeal from that specific judgment or order.
• Real-World Example: A judge passes a simple procedural order, like “The case is adjourned to next Tuesday.” The accused cannot file an appeal against this order, because no law provides for an appeal against a simple adjournment.
• Proviso (Extremely Important – Victim’s Right to Appeal):
  • Simple English: This is a newly strengthened right for victims. A “victim” (as defined in Sec 2(y)) shall have a right to file an appeal against any order passed by the court if they are unhappy with the outcome. This includes appealing:
    1. An order acquitting the accused (a “not guilty” verdict).
    2. A conviction for a “lesser offence” (e.g., the accused was charged with murder but convicted of “simple hurt”).
    3. An order imposing “inadequate compensation.”
  • The Appeal Court: The appeal will be filed in the court that “ordinarily lies” (the next court up in the hierarchy).
  • Real-World Example: An accused is tried for rape (BNS 64). The trial court acquits him. The victim herself (or her family, if she is deceased/a minor) now has a direct, independent right to file an appeal in the High Court to challenge that acquittal.

Section 414: Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behavior

• Simple English: This section provides an appeal right for “security proceedings” (Chapter IX). Any person who has been:
  • (i) Ordered by a Magistrate to give security (sign a bond) for keeping the peace or for good behavior (under Sec 136), OR
  • (ii) Is aggrieved because the Magistrate refused to accept their surety (the person who co-signed their bond) (under Sec 140),
• …may appeal against that order to the Court of Session.
• Proviso: This rule does not apply if the person was jailed for failing to give security and their case was already referred to the Sessions Judge for review (under Sec 141).

Section 415: Appeals from convictions

This is the main section establishing the hierarchy of appeals against a “guilty” verdict.

• Sub-section (1):
  • Simple English: If a person is convicted in a trial held by a High Court in its “extraordinary original criminal jurisdiction” (a very rare procedure where the High Court itself acts as the trial court), their appeal lies directly to the Supreme Court.
• Sub-section (2):
  • Simple English: Any person convicted in a trial held by a Sessions Judge or an Additional Sessions Judge (e.g., for murder, rape, dacoity) may appeal to the High Court.
  • This also applies if the trial was in a Magistrate’s court, but the sentence given was more than 7 years (which can happen in some special cases where Magistrates are given higher powers).
  • Real-World Example: You are convicted of “Culpable Homicide” by the Sessions Judge of Pune. Your appeal must be filed in the Bombay High Court.
• Sub-section (3):
  • Simple English:Saving (i.e., “except for”) the rule in sub-section (2), any person who is:
    • (a) Convicted in a trial by a Magistrate (First or Second Class), OR
    • (b) Sentenced by a CJM who received the case because the original Magistrate couldn’t pass a severe enough sentence (under Sec 364), OR
    • (c) Ordered to sign a probation bond (under Sec 401) by a Magistrate,
  • …may appeal to the Court of Session.
  • Real-World Example: You are convicted of “theft” by a Judicial Magistrate and sentenced to 1 year in jail. Your appeal must be filed with the Sessions Judge of that same district.
• Sub-section (4):
  • Simple English: This is a new, mandatory timeline. If an appeal is filed against a sentence for a sexual offence (like rape, assault on a woman, etc., under BNS 64-68, 70, 71), the appeal must be “disposed of” (finished) within six months from the date it was filed.
  • Real-World Example: A person convicted of rape files an appeal in the High Court on January 1st. The High Court is now under a legal duty to hear and decide this appeal by July 1st.

Section 416: No appeal in certain cases when accused pleads guilty

• Simple English: This is a major exception to the right to appeal. If an accused person “has pleaded guilty” and has been convicted based on that plea, there shall be no appeal.
• The Only Exception: The accused can still file an appeal, but only to challenge the “extent or legality of the sentence” (i.e., how much punishment they got).
• Real-World Example: An accused pleads “guilty” to theft. The Magistrate sentences him to 2 years in jail. The accused cannot appeal his conviction (he already admitted it). But he can file an appeal arguing that the sentence of 2 years is too harsh and illegal for a guilty plea.

Section 417: No appeal in petty cases

This section prevents the higher courts from being flooded with appeals for tiny, “petty” cases.

• Simple English: A convicted person cannot file an appeal in the following situations:
• (a) Where a High Court passes a sentence of only imprisonment for 3 months or less OR a fine of ₹1,000 or less, or both.
• (b) Where a Court of Session passes a sentence of only imprisonment for 3 months or less OR a fine of ₹200 or less, or both.
• (c) Where a Magistrate of the First Class passes a sentence of only a fine of ₹100 or less.
• (d) Where a Magistrate in a “summary trial” (under Sec 283) passes a sentence of only a fine of ₹200 or less.
• Real-World Example: You are convicted by a Magistrate of a petty offence and sentenced to a “fine of ₹100.” You cannot file an appeal against this. The case is final.
• Proviso:
  • Simple English: An appeal can be filed if any other punishment is combined with the sentence (e.g., if you are fined ₹100 and ordered to pay compensation of ₹5,000).
  • But it is not appealable just because:
    • (i) You were also ordered to sign a peace bond.
    • (ii) The sentence includes jail time in default of paying the fine.
    • (iii) You were given more than one small fine (if the total doesn’t exceed the limit).
  • Real-World Example: A Magistrate fines you ₹100. This is not appealable. The Magistrate fines you ₹100 and sentences you to “7 days in jail if you fail to pay the fine.” This is still not appealable.

Section 418: Appeal by State Government against sentence

This section gives the prosecution (the State) the right to appeal if they think a sentence is too low.

• Sub-section (1):
  • Simple English: If the State Government believes a sentence given to a convict is “inadequate” (too lenient), it can direct the Public Prosecutor to file an appeal against the sentence.
  • (a) If the sentence was passed by a Magistrate, the appeal goes to the Court of Session.
  • (b) If the sentence was passed by any other court (like the Court of Session), the appeal goes to the High Court.
  • Real-World Example: A Sessions Court convicts a man of a serious crime and sentences him to only 3 years. The State Government, shocked by the low sentence, directs the Public Prosecutor to appeal to the High Court, arguing that the sentence should be enhanced to 10 years or life.
• Sub-section (2):
  • Simple English: If the case was investigated by a Central Agency (like the CBI, NIA, ED), the Central Government also has this same power to appeal an inadequate sentence.
• Sub-section (3):
  • Simple English: This protects the accused’s rights during such an appeal. The appeal court (Sessions or High Court) cannot “enhance” (increase) the sentence unless the accused has been given a reasonable opportunity to argue against it.
  • The Accused’s Right: While arguing against the enhancement, the accused is also allowed to plead for their own acquittal or for a reduction in the sentence. This effectively re-opens the whole case.
  • Real-World Example: The State appeals to the High Court to increase a sentence from 3 years to 10. The accused’s lawyer gets to argue: “Your Honour, not only should you not increase the sentence, but you should acquit my client entirely, because the trial court’s ‘guilty’ verdict was wrong.”
• Sub-section (4):
  • Simple English: This is another new, mandatory timeline. If the appeal against an inadequate sentence is for a sexual offence (BNS 64-68, 70, 71), the appeal must be decided within six months.

Section 419: Appeal in case of acquittal

This section details the highly controlled process for appealing a “not guilty” verdict.

• Sub-section (1):
  • Simple English: The State Government (or the District Magistrate) can direct the Public Prosecutor to file an appeal against an order of acquittal.
  • (a) Appeal by District Magistrate: The DM can only direct an appeal to the Court of Session against an acquittal passed by a Magistrate in a cognizable and non-bailable case.
  • (b) Appeal by State Government: The State Government can direct an appeal to the High Court against any other acquittal (e.g., an acquittal by a Sessions Court).
  • Real-World Example (a): A Magistrate acquits an accused in a serious “grievous hurt” case. The DM of that district can direct the Public Prosecutor to file an appeal against this acquittal in the Sessions Court.
  • Real-World Example (b): A Sessions Judge acquits an accused in a “murder” trial. The State Government (through its Home/Law Department) can direct the Public Prosecutor to file an appeal in the High Court.
• Sub-section (2):
  • Simple English: If the case was investigated by a Central Agency (like the CBI), the Central Government has the same powers as the State Government/DM to file an appeal against an acquittal.
• Sub-section (3):
  • Simple English: An appeal to the High Court against an acquittal cannot be “entertained” (formally admitted) unless the High Court first grants “leave” (permission) to file that appeal. This is an extra hurdle.
  • Real-World Example: The State files an appeal against a murder acquittal. The High Court will first hold a preliminary hearing (called a “Leave to Appeal” hearing) to decide if the appeal has any merit. If it does, “leave is granted,” and the appeal is formally admitted.
• Sub-section (4):
  • Simple English: This is for private complaints. If the acquittal was in a case started by a private complaint, the complainant (not the State) can apply to the High Court for “special leave” (special permission) to file an appeal. If the High Court grants this special leave, the complainant can then present their appeal.
  • Real-World Example: You file a private complaint for cheating, and the Magistrate acquits the accused. You must then apply to the High Court for special permission to appeal this acquittal.
• Sub-section (5):
  • Simple English: This sets the time limit for a private complainant to apply for that “special leave” (in sub-section 4).
  • Timeline:
    • 6 months: If the complainant is a public servant.
    • 60 days: In every other case.
  • Real-World Example: You (a private citizen) want to appeal the acquittal in your cheating case. You must file your “special leave” application in the High Court within 60 days of the acquittal order.
• Sub-section (6):
  • Simple English: This is a “one-shot” rule. If a private complainant (under sub-section 4) applies for “special leave” to appeal, and the High Court refuses it, the case is dead. The State Government (under sub-section 1) cannot then try to file its own appeal against that same acquittal.

Section 420: Appeal against conviction by High Court in certain cases

This section provides for a direct, automatic appeal to the Supreme Court.

• Simple English: An accused person gets a direct right to appeal to the Supreme Courtif the High Court, in an appeal, reversed an order of acquittal (i.e., the trial court said “not guilty,” but the High Court said “guilty”) AND sentenced them to:
  • Death,
  • Imprisonment for life, OR
  • Imprisonment for 10 years or more.
• Real-World Example: ‘A’ is acquitted of murder by the trial (Sessions) court. The State appeals to the High Court. The High Court reverses the acquittal, finds ‘A’ guilty, and sentences him to life imprisonment. Because of this, ‘A’ now has a direct, automatic right to appeal to the Supreme Court.

Section 421: Special right of appeal in certain cases

• Simple English: This section provides a special right to appeal for people convicted in a “joint trial” (where multiple people are tried together).
• The Rule: If several people are convicted in one trial, and at least one of them has an “appealable judgment” (e.g., they received a 4-year sentence, which is appealable), then all other persons convicted in that same trial also get a right to appeal.
• Why this matters: This rule is designed to help a person who receives a “petty sentence” (which is normally not appealable under Section 417).
• Real-World Example: ‘A’ and ‘B’ are tried together. ‘A’ is convicted of grievous hurt and gets a 5-year sentence (this is appealable to the High Court). ‘B’ is convicted of simple hurt in the same incident and gets a 3-month sentence (which is not normally appealable to the High Court). Because ‘A’ has a right to appeal, this section gives ‘B’ a “special right” to also file their appeal in the High Court, so the entire case can be reviewed at once.

Section 422: Appeal to Court of Session how heard

• Sub-section (1):
  • Simple English: An appeal to the “Court of Session” (the main district-level appeal court for Magistrate cases) will be heard by either the Sessions Judge (the head judge) or an Additional Sessions Judge (ASJ).
  • Proviso: An appeal against a conviction from a Magistrate of the Second Class (the most junior judge) can be heard and decided by the Chief Judicial Magistrate (CJM).
  • Real-World Example: You are convicted by a Magistrate (Jail 2 years) and file an appeal. The appeal is registered at the Sessions Court. The main Sessions Judge will then assign (“make over”) your appeal to one of the ASJs for the final hearing.
• Sub-section (2):
  • Simple English: An ASJ or a CJM cannot just pick which appeals to hear. They can only hear appeals that the main Sessions Judge of that district assigns to them or that the High Court directs them to hear. This establishes the administrative hierarchy.

Section 423: Petition of appeal

• Simple English: This section explains how to file an appeal. An appeal must be a formal written document called a “petition of appeal.”
• The Rule: This petition (which lists the “grounds” or reasons for the appeal) must be presented by the appellant (the person convicted) or their lawyer.
• Mandatory Requirement: You must attach a copy of the judgment or order you are appealing against. (The court can waive this, but it’s almost always required).
• Real-World Example: To appeal your conviction, your lawyer drafts a 10-page “Petition of Appeal” (or “Memo of Appeal”) explaining all the legal and factual errors the trial judge made. They attach a certified copy of the trial court’s judgment and file this complete set in the appeal court’s registry.

Section 424: Procedure when appellant in jail

• Simple English: This provides a crucial right for prisoners who may not have a lawyer. If the appellant is in jail, they can file their appeal through the jail itself.
• The Procedure: The prisoner can write their appeal (even by hand) and give the petition and their judgment copy to the officer in charge of the jail (the Jailor or Superintendent).
• Jailor’s Duty: The jail officer must (it’s their duty) forward this “jail appeal” to the correct appeal court (e.g., the High Court).
• Real-World Example: A prisoner, with no money for a lawyer, writes his own appeal on paper, attaches the judgment copy he was given (under Sec 404), and hands it to the jailor. The jailor’s office is legally required to mail this to the High Court, where it will be registered as a “jail appeal.”

Section 425: Summary dismissal of appeal

This section explains how an appeal court can reject a weak appeal at the very first stage, without a full hearing.

• Sub-section (1):
  • Simple English: When the appeal court first receives the petition (from the lawyer or the jail), a judge will “examine” it. If the judge “considers that there is no sufficient ground for interfering,” they can “dismiss the appeal summarily” (on the spot).
  • Real-World Example: A judge reads an appeal petition that simply says “I am innocent” but fails to point out any legal error, contradiction in evidence, or flaw in the trial court’s reasoning. The judge finds the appeal is “frivolous” and dismisses it “summarily.”
• Sub-section (1), Proviso (a):
  • Simple English: A “normal” appeal (filed by a lawyer under Sec 423) cannot be summarily dismissed unless the appellant’s lawyer has been given a “reasonable opportunity of being heard” (this is called an “admission hearing”).
• Sub-section (1), Proviso (b):
  • Simple English: A “jail appeal” (from Sec 424) can be dismissed without a hearing only if the court finds it’s “frivolous” or that bringing the prisoner to court would be a disproportionate inconvenience.
• Sub-section (1), Proviso (c):
  • Simple English: A “jail appeal” cannot be summarily dismissed until the official time limit for filing an appeal has expired. (This is a safeguard, in case the prisoner’s family hires a lawyer who files a proper appeal in the meantime).
• Sub-section (2):
  • Simple English: Before summarily dismissing an appeal, the court can “call for the record” (request the full trial court file) to double-check the facts if it wants to.
• Sub-section (3):
  • Simple English: If a Sessions Court or CJM summarily dismisses an appeal, they must record their reasons for doing so.
• Sub-section (4):
  • Simple English: This is a safety net. If a court dismisses a “jail appeal” but then discovers that a proper appeal (filed by a lawyer) for the same person was also on file and wasn’t considered, the court can (and must) hear the proper appeal.

Section 426: Procedure for hearing appeals not dismissed summarily

This is the procedure for an appeal that is “admitted” for a full hearing.

• Sub-section (1):
  • Simple English: If the court does not dismiss the appeal summarily, it must “cause notice to be given” (send a formal notice) of the final hearing date and place to:
    • (i) The appellant (or their lawyer).
    • (ii) The State’s lawyer (the Public Prosecutor).
    • (iii) The original complainant (if the case was started from a private complaint).
    • (iv) The accused (this is for cases where the State is appealing against an acquittal or a low sentence, under Sec 418 or 419).
  • The court must also provide all these parties with a copy of the “grounds of appeal” (the petition).
  • Real-World Example: The High Court “admits” a convict’s appeal. The court registry sends a notice to the convict’s lawyer and the state’s Public Prosecutor: “The final hearing for Appeal No. 123 is scheduled for December 5th.”
• Sub-section (2):
  • Simple English: The appeal court must then “send for the record” (the entire file from the trial court, including all evidence and testimony). Once it has the record, it will hear the final arguments from both parties.
  • Proviso: If the appeal is only about the “extent or legality of the sentence” (e.g., “the conviction is fine, but 10 years is too much”), the court can decide the appeal without sending for the entire, massive trial record.
• Sub-section (3):
  • Simple English: If the only ground for appeal is “the sentence is too severe,” the appellant’s lawyer cannot suddenly start arguing, “my client is innocent.” They must stick to the ground of appeal (unless the court gives them special leave).

Section 427: Powers of Appellate Court

This is one of the most important sections in this chapter. It defines the powers an appeal court has when making its final decision.

• Simple English: After reading the record and hearing both sides, the appeal court can either dismiss the appeal (if it finds no reason to interfere) OR it can use its wide powers to:
• (a) In an appeal from an ACQUITTAL (e.g., filed by the State):
  • “Reverse such order”: This is the most drastic power. The appeal court can cancel the “not guilty” verdict, find the accused guilty, and pass a sentence on them.
  • “Direct that further inquiry be made, or that the accused be re-tried”: The court can order a new trial from scratch.
  • Real-World Example: The trial court acquitted ‘A’. The State appealed. The High Court, after reviewing the file, “reverses the order of acquittal,” finds ‘A’ guilty of robbery, and sentences him to 7 years in prison.
• (b) In an appeal from a CONVICTION (e.g., filed by the accused):
  • (i) “Reverse the finding and sentence and acquit or discharge the accused”: This is the best-case scenario for the accused. The appeal court finds the trial court was wrong and sets the accused free.
  • (ii) “Alter the finding, maintaining the sentence”: The court changes what the person is guilty of, but keeps the same punishment. (e.g., “You are not guilty of ‘robbery’, but you are guilty of ‘grievous hurt’, and the 5-year sentence is still appropriate.”)
  • (iii) “Alter the nature or the extent… of the sentence”: This is the most common outcome. The court agrees the accused is guilty, but changes the sentence. (e.g., “The 10-year sentence is reduced to 5 years,” or “The ‘rigorous’ imprisonment is changed to ‘simple’ imprisonment”).
  • Important Limit: In an appeal by the accused, the court “cannot enhance the same” (it cannot increase the sentence).
• (c) In an appeal for ENHANCEMENT of sentence (e.g., filed by the State):
  • (i) The court can still acquit the accused (as the whole case is open).
  • (ii) Alter the finding but maintain the sentence.
  • (iii) “Alter the nature or the extent… so as to enhance or reduce the same”: This is where the court can increase the sentence.
  • Real-World Example: The State appeals a 3-year sentence, calling it “inadequate.” The High Court agrees and “enhances” the sentence to 7 years.
• (d) In an appeal from any other order: The court can “alter or reverse” that order.
• (e) Make any consequential or incidental order: This gives the court power to make any related orders (e.g., orders on compensation, or disposal of the weapon).
• First Proviso: The court cannot enhance a sentence unless the accused has been given a fair opportunity to argue against it.
• Second Proviso: The appeal court cannot give a punishment that is greater than what the original trial court was legally empowered to give.
  • Real-World Example: A Magistrate (with a 3-year maximum power) wrongly convicts someone of an offence and gives 3 years. The appeal court cannot say, “This was actually a 10-year offence” and enhance the sentence to 10 years. It can only sentence up to the trial court’s maximum of 3 years (or order a re-trial by a higher court).

Section 428: Judgments of subordinate Appellate Court

• Simple English: The rules for what a final judgment must contain (from Chapter XXIX – it must have the “points for determination,” the “decision,” and the “reasons”) also apply to the judgment written by a subordinate appeal court (i.e., a Court of Session or a CJM).
• Proviso: The accused does not have to be physically present in court to hear the appeal judgment being pronounced (unlike the trial judgment), unless the judge specifically orders them to be.
• Real-World Example: The Sessions Judge writes a 15-page judgment deciding your appeal. The judge’s clerk simply calls your lawyer and tells them, “The appeal has been dismissed. You can come and collect the judgment copy.” The prisoner is just informed of the result in jail.

Section 429: Order of High Court on appeal to be certified to lower Court

This section explains how the High Court’s order gets back to the trial court.

• Sub-section (1):
  • Simple English: Whenever the High Court decides an appeal, it must “certify” (send an official, sealed copy of) its final judgment back down to the original trial court that passed the sentence.
  • If the trial court was a Magistrate, the order is sent “through” the CJM or DM.
• Sub-section (2):
  • Simple English: The trial court, upon receiving the High Court’s order, must then issue its own new orders that are “conformable to” (in line with) the High Court’s decision. This is how the record is formally corrected.
  • Real-World Example: ‘A’ is in jail for 10 years. The High Court, in an appeal, reduces the sentence to 5 years. The High Court sends this order (Sec 429) to the trial (Sessions) court. The Sessions Judge must then immediately issue a new warrant (a “committal warrant”) to the jailor, stating that the sentence is now 5 years, not 10. This is the new, legal warrant.

Section 430: Suspension of sentence pending appeal; release of appellant on bail

This is the crucial section for “bail pending appeal.” A person has been found guilty, so this is not a right, but a discretion of the court.

• Sub-section (1):
  • Simple English: When a convicted person files an appeal, the Appellate Court (e.g., the High Court or Sessions Court) may, for reasons it must record in writing, order:
    1. That the “execution of the sentence… be suspended” (e.g., if the sentence was a fine, the fine-collection is paused).
    2. If the appellant is in jail, that they be “released on bail” or on their own bond.
  • Real-World Example: A person is convicted and sentenced to 5 years. They file an appeal in the High Court. They also file a separate application (often called an “I.A.”) “For Suspension of Sentence.” The High Court hears this application and may order: “Pending the final disposal of this appeal, the sentence of the appellant is suspended, and he shall be released on bail upon furnishing a bond of ₹50,000…”
• Sub-section (1), First Proviso:
  • Simple English: This is a safeguard. If the conviction is for a very serious offence (punishable with death, life imprisonment, or 10+ years), the court must first give the Public Prosecutor a chance to file a written objection against granting this bail.
• Sub-section (1), Second Proviso:
  • Simple English: If the court does grant bail pending appeal, the Public Prosecutor can later file an application to cancel that bail (e.g., if the person threatens a witness while out on bail).
• Sub-section (2):
  • Simple English: The High Court can use this “suspension of sentence” power even for an appeal that is pending in a lower court (like the Sessions Court). This is part of the High Court’s wide “revisional” power.
• Sub-section (3):
  • Simple English: This is the procedure for getting immediate, temporary bail from the trial court itself (the court that just convicted you) so you have time to file the appeal.
  • The Rule: The trial courtshall (it’s mandatory) release the person on temporary bail if all these conditions are met:
    1. The person intends to present an appeal.
    2. The person was on bail during the trial.
    3. The new sentence is for 3 years or less, OR the offence was bailable.
  • The Exception: The trial court can refuse this temporary bail, but only for “special reasons” (e.g., the person became violent after the verdict).
  • The Purpose: This temporary bail is only to give the person “sufficient time to present the appeal” and get a formal bail order (under sub-sec 1) from the real appeal court.
  • Real-World Example: A Magistrate sentences a person (who was on bail) to 2 years in jail. The person’s lawyer immediately says, “Your Honour, we intend to appeal. Please grant temporary bail under Sec 430(3).” The Magistrate must grant them bail (e.g., for 30 days) to allow them to go to the Sessions Court and file their main appeal.
• Sub-section (4):
  • Simple English: This is a crucial point. If a person is released on bail pending their appeal, and their appeal is finally dismissed (they lose), the time they spent out on bail does not count towards their sentence.
  • Real-World Example: ‘A’ is sentenced to 5 years in jail. He serves 1 year, then gets bail from the High Court. His appeal takes 2 years to be heard. He loses the appeal. The 2 years he was out on bail do not count. He must return to jail to serve his remaining 4 years.

Section 431: Arrest of accused in appeal from acquittal

• Simple English: This section deals with what happens when the State or a victim files an appeal against a “not guilty” verdict (an acquittal, under Section 419).
• The Rule: The High Court (where the appeal is filed) may issue an arrest warrant for the accused person (who was previously set free). When the person is arrested and brought before the court, the court can either:
  1. “Commit him to prison” (put them in jail) while the appeal is being heard.
  2. “Admit him to bail” (release them on bail) pending the appeal’s disposal.
• Real-World Example: ‘A’ is acquitted of a serious charge by the trial court and released. The State files a strong appeal in the High Court. The High Court, after reading the appeal, believes the acquittal might be wrong and issues an arrest warrant for ‘A’. ‘A’ is arrested and brought to the High Court. The High Court judge decides, “This is a serious matter. ‘A’ will be kept in jail until this appeal is decided,” or, “I will grant ‘A’ bail, but he must surrender his passport.”

Section 432: Appellate Court may take further evidence or direct it to be taken

This is a special power, as appeal courts usually only review evidence, they don’t take new evidence.

• Sub-section (1):
  • Simple English: If the Appellate Court, while hearing an appeal, believes that “additional evidence is necessary” for a just decision, it must record its reasons in writing.
  • The Action: It can then either:
    1. Take the additional evidence itself.
    2. Direct a lower court (a Magistrate or Sessions Court) to record that evidence and send it up.
  • Real-World Example: During an appeal for a murder conviction, the accused’s lawyer finds a brand new, highly credible alibi witness who was never known during the trial. The lawyer files an “Application for Additional Evidence.” The High Court agrees this is necessary, records its reasons, and orders the Sessions Judge of that district to “record the testimony of this new witness and transmit the same” to the High Court.
• Sub-section (2):
  • Simple English: When the lower court (the Sessions Judge in the example) records this new evidence, they must “certify” it (officially stamp and sign it) and send it to the Appellate Court. The Appellate Court will then use this new evidence to help decide the appeal.
  • Real-World Example: The Sessions Judge records the alibi witness’s testimony and sends the signed transcript to the High Court. The High Court now has new evidence to consider.
• Sub-section (3):
  • Simple English: The accused (or their lawyer) has a fundamental right to be present when this new additional evidence is being recorded, mainly so they can cross-examine the new witness.
  • Real-World Example: When the Sessions Judge is recording the new alibi witness’s testimony, both the accused’s lawyer (to examine) and the Public Prosecutor (to cross-examine) must be present.
• Sub-section (4):
  • Simple English: This is a technical rule. It just means the process of taking this new evidence must follow all the normal rules of evidence (from Chapter XXV), as if it were a formal inquiry.

Section 433: Procedure where Judges of Court of appeal are equally divided

• Simple English: This is the “tie-breaker” rule for a High Court appeal. If the appeal is heard by a “Bench” of an even number of judges (usually two) and they are “equally divided” (a 1-1 split), the appeal is not decided.
• The Procedure: The appeal, along with the two conflicting opinions, must be “laid before another Judge” (a “third judge”). This third judge reviews the case and gives their opinion. The final judgment of the court will then follow whatever the majority opinion is (now 2-1).
• Real-World Example: In an appeal against a conviction, Justice ‘A’ writes a judgment to acquit the accused. Justice ‘B’ writes a judgment to uphold the conviction. The case is referred to a third judge, Justice ‘C’. Justice ‘C’ reviews the case and agrees with Justice ‘B’. The final judgment of the court is “Appeal Dismissed” (i.e., the conviction is upheld) by a 2-1 majority.
• Proviso:
  • Simple English: If any of the judges involved (including the new third judge) requests it, the case must be re-heard by an even larger bench (e.g., a 3-judge or 5-judge bench).

Section 434: Finality of judgments and orders on appeal

• Simple English: This section establishes “finality.” Once an Appellate Court (like a Sessions Court or High Court) passes its judgment in an appeal, that decision is final.
• The Exceptions: This finality is except for:
  • Appeals by the State (against acquittal or low sentence, Sec 418/419).
  • Appeals that were summarily dismissed from jail (Sec 425(4)).
  • The special “Revision” powers (Chapter XXXII).
• Real-World Example: An accused is convicted by a Magistrate. He appeals to the Sessions Court. The Sessions Court upholds the conviction. This judgment is final. The accused cannot then file a second appeal to the High Court, because his one right of appeal is exhausted. (His only option is to file a “Revision,” which is a different, more limited process).
• Proviso:
  • Simple English: This clarifies that even if an accused’s appeal against his conviction is finished and dismissed, the court can still hear a separate appeal from the State (e.g., an appeal to increase the sentence).

Section 435: Abatement of appeals

This section explains what happens if the accused person dies while the appeal is pending.

• Sub-section (1):
  • Simple English: If the appeal was filed by the State (e.g., to increase a sentence or challenge an acquittal) and the accused dies, the appeal “abates” (it stops immediately and is closed).
  • Real-World Example: The State appeals to the High Court to have an acquitted person declared guilty. During the case, the (acquitted) person dies. The High Court will close the case, as it’s now “abated.”
• Sub-section (2):
  • Simple English: If the appeal was filed by the convicted person (the “appellant”) and they die, the appeal also “abates” (stops).
  • The Exception: This does not apply to an appeal from a sentence of only a fine. (That appeal can be continued by the person’s legal heirs, who would otherwise have to pay the fine).
• Sub-section (2), Proviso:
  • Simple English: This is a major exception for the family of a convicted person. If the appeal was against a conviction (for jail time or death), any “near relative” (parent, spouse, child, sibling) can, within 30 days of the appellant’s death, apply to the court for “leave to continue the appeal.”
  • The Purpose: This is not to save the person from jail (as they have passed away), but to clear their name and remove the stigma of the conviction from the family.
  • Real-World Example: ‘A’ is convicted of cheating and appeals to the High Court. ‘A’ dies while the appeal is pending. His daughter, believing he was innocent, files an application within 30 days asking to continue the appeal. The High Court grants “leave.” The daughter’s lawyer will now argue the case, and if successful, ‘A’ will be “posthumously acquitted” (found not guilty after death).