BNSS Section 295: Finality of Judgment
Code: Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 295
Explanation: This section of the BNSS deals with the finality of judgments delivered by the Court in certain cases. It states that the judgments delivered by the Court under this section shall be final and no appeal shall lie against such judgment, except for:
- Special Leave Petition under Article 136 of the Constitution
- Writ petition under Articles 226 and 227 of the Constitution
Illustration: Let’s assume a case where a person is convicted under Section 295 for inciting communal disharmony. The judgment delivered by the Court will be final. The convicted person cannot appeal against the judgment in any other court except by filing a Special Leave Petition before the Supreme Court under Article 136 or by filing a writ petition in the High Court under Articles 226 and 227.
Common Questions and Answers
Q: What is the purpose of Section 295?
A: The purpose of this section is to ensure swift and final resolution of certain types of cases and to prevent unnecessary delays and appeals that could potentially hamper the administration of justice.
Q: Can a person convicted under Section 295 appeal against the judgment directly to the Supreme Court?
A: No, the person can only appeal to the Supreme Court by filing a Special Leave Petition under Article 136 of the Constitution.
Q: What are the grounds for filing a writ petition under Articles 226 and 227?
A: Writ petitions under Articles 226 and 227 can be filed on grounds of violation of fundamental rights, illegal detention, or other legal issues.
Q: Does Section 295 apply to all judgments delivered by the Court?
A: No, this section only applies to judgments delivered under specific provisions of the BNSS, as defined in the relevant sections.
