Code
Section 415 BNSS
(1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.
(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge, or on a trial held by any other Court in which a sentence of imprisonment for more than seven years has been passed against him or against any other person convicted at the same trial, may appeal to the High Court.
(3) Save as otherwise provided in sub-section (2), any person,
(a) convicted on a trial held by a Magistrate of the first class or second class; or
(b) sentenced under Section 364 BNSS; or
(c) in respect of whom an order has been made or a sentence has been passed under Section 401 BNSS by any Magistrate,
may appeal to the Court of Session.
(4) When an appeal has been filed against a sentence passed under Section 64 BNS, Section 65 BNS, Section 66 BNS, Section 67 BNS, Section 68 BNS, Section 70 BNS, or Section 71 BNS of the Bharatiya Nyaya Sanhita, 2023, the appeal shall be disposed of within a period of six months from the date of filing of such appeal.
Explanation of Section 415 BNSS
This section outlines the right to appeal against a conviction based on the court that conducted the trial and the severity of the punishment. It provides a structured appellate hierarchy:
- Appeals to the Supreme Court
- A person convicted in a trial conducted by the High Court under its extraordinary original criminal jurisdiction can appeal to the Supreme Court.
- Appeals to the High Court
- If convicted by a Sessions Judge or Additional Sessions Judge, or in any case where the sentence exceeds seven years, an appeal can be filed before the High Court.
- Appeals to the Court of Session
- If convicted by a Magistrate (First or Second Class), sentenced under Section 364 BNSS, or sentenced under Section 401 BNSS, an appeal can be filed before the Court of Session.
- Time-Bound Disposal of Appeals
- Appeals against sentences under specific sections of the Bharatiya Nyaya Sanhita (BNS), 2023 must be resolved within six months to ensure timely justice.
Illustrations
Example 1: Appeal to the Supreme Court
A person is convicted of murder in a trial conducted by a High Court under its extraordinary original criminal jurisdiction. The convicted person can file an appeal in the Supreme Court under Section 415(1) BNSS.
Example 2: Appeal to the High Court
Ravi is convicted of attempt to murder (Section 115 BNS) and sentenced to 10 years of imprisonment by a Sessions Judge. Since the sentence is over seven years, he can appeal to the High Court under Section 415(2) BNSS.
Example 3: Appeal to the Court of Session
Arun is convicted of theft (Section 303 BNS) by a Magistrate of the First Class. Since his case falls under Section 415(3) BNSS, he can appeal to the Court of Session.
Example 4: Time-Bound Appeal Disposal
A person is convicted under Section 64 BNS and sentenced. If he files an appeal, it must be disposed of within six months, ensuring a fast-tracked appellate process.
Common Questions and Answers
1. Who can appeal to the Supreme Court under Section 415 BNSS?
A person convicted by a High Court under its extraordinary original criminal jurisdiction can appeal to the Supreme Court.
2. When can a person appeal to the High Court?
If the person is convicted by a Sessions Judge or Additional Sessions Judge, or if the sentence exceeds seven years, they can appeal to the High Court.
3. What happens if someone is convicted by a Magistrate?
The person can appeal to the Court of Session if:
- They were convicted by a Magistrate of First or Second Class.
- They were sentenced under Section 364 BNSS.
- Their sentence was passed under Section 401 BNSS.
4. What is the time limit for disposing of certain appeals?
Appeals against sentences under Sections 64, 65, 66, 67, 68, 70, and 71 of the BNS must be resolved within six months.
5. Why is there a six-month disposal period for certain appeals?
This provision ensures timely justice, reducing unnecessary delays in the appellate process.
Conclusion
Section 415 BNSS establishes a clear appellate structure, ensuring that individuals have fair opportunities to challenge convictions. It categorizes appeals based on trial courts and sentence severity, directing them to higher courts accordingly. Additionally, by mandating a six-month disposal period for specific appeals, the law promotes efficiency in the justice system. This section plays a crucial role in upholding the right to appeal while maintaining a structured, time-sensitive judicial process.
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