Appeals against conviction
Under Section 415 BNSS (formerly Section 374 CrPC), an appeal from a conviction by a Magistrate lies to the Court of Session, and from a conviction by the Sessions Court (or a sentence of more than seven years) to the High Court. The limitation period under the Limitation Act is 30 days for an appeal to the Sessions Court and 60 days for an appeal to the High Court from the date of the sentence, with delay condonable on sufficient cause.
The first application in almost every appeal is for suspension of sentence and bail pending appeal under Section 430 BNSS (formerly 389 CrPC), so that the appellant is not in custody while the appeal is pending. Where the sentence is short, the court also considers the likelihood of the appeal being heard before the sentence is served out.
Appeals against acquittal and for enhancement
The State may appeal an acquittal with leave of the High Court; a complainant in a complaint case may appeal an acquittal with special leave under Section 419 BNSS (formerly 378 CrPC), and a victim has a statutory right of appeal against acquittal, conviction for a lesser offence or inadequate compensation under the proviso to Section 413 BNSS (formerly 372 CrPC). The chambers appears for complainants and victims in these appeals, including in cheque-bounce acquittals.
Revisions
Where no appeal lies — for example against an order framing charge, a summoning order, an order on an application under Section 144 BNSS for maintenance, or an interlocutory order in a complaint case — the remedy is a revision under Sections 438 and 442 BNSS (formerly 397 and 401 CrPC) before the Sessions Court or the High Court, within 90 days. Revision examines the correctness, legality or propriety of the order; it is not a rehearing on facts. A second revision is barred, and the High Court’s inherent power under Section 528 BNSS is sometimes the appropriate route instead.
Supreme Court
Against a judgment of the High Court in a criminal matter, the remedy is a special leave petition under Article 136 of the Constitution — ordinarily within 90 days, or 60 days where the High Court has refused a certificate. Criminal appeals also lie as of right in the circumstances set out in Article 134 and the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970. Petitions are filed through an Advocate-on-Record as the Supreme Court Rules, 2013 require, and the chambers prepares the petition, the synopsis and list of dates, and appears in the matter.
What the chambers does
- Obtaining the certified copy of the judgment and the trial court record without delay — the limitation period is short and runs from the date of the order.
- Grounds — a close reading of the evidence and the judgment for errors of law, misreading of evidence, procedural violations and unaddressed defences.
- Interim relief — suspension of sentence, bail pending appeal, stay of the order under revision, or exemption from surrender.
- Compilation of the paper book, the list of dates and the written submissions.
- The hearing, and, where the appeal succeeds only in part, arguments on reduction of sentence or remand.
Documents to keep ready
- Certified copy of the judgment and order on sentence (apply immediately if not yet obtained)
- The entire trial court record — chargesheet, evidence, exhibits, statement of the accused, written arguments
- Custody certificate and details of the sentence already undergone
- Earlier bail orders and conditions
Frequently asked questions
Can a convicted person stay out of jail while the appeal is pending?
Often, yes. The appellate court can suspend the sentence and release the appellant on bail under Section 430 BNSS, taking into account the nature of the offence, the length of the sentence and the time the appeal is likely to take. In some serious offences, the threshold is higher.
What if the appeal is filed after the limitation period?
An application for condonation of delay under Section 5 of the Limitation Act is filed with the appeal, explaining each day of the delay. Courts are relatively liberal in criminal appeals by an accused, but the explanation must be genuine and documented.
Is a revision the same as an appeal?
No. An appeal is a rehearing on facts and law; a revision is a supervisory jurisdiction to correct errors of jurisdiction, legality or propriety. Choosing the right remedy at the outset avoids the objection that the petition is not maintainable.
Can the complainant appeal an acquittal in a cheque-bounce case?
Yes. The complainant in a Section 138 case can appeal to the High Court with special leave under Section 419(4) BNSS within the prescribed period, and as a victim may also invoke the proviso to Section 413 BNSS.
Do I need an Advocate-on-Record for the Supreme Court?
Yes. Under the Supreme Court Rules, only an Advocate-on-Record can file and act in a matter before the Supreme Court. The chambers works with an Advocate-on-Record for filing and appears in the matter.
Discuss your matter
Call or WhatsApp, or send a short summary online. Consultations are held in chambers or by video, with your documents.