Section 431 – Bharatiya Nagarik Suraksha Sanhita (BNSS) – Arrest Of Accused In Appeal From Acquittal.

Code: Section 431 BNSS

When an appeal is presented under section 419, the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail.

Explanation of Section 431 BNSS

Section 431 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides the High Court with the power to order the arrest of an accused person in cases where an appeal from acquittal is filed. This provision ensures that the accused remains available for further legal proceedings and does not abscond.

Key Provisions:

1. Applies Only to Appeals from Acquittal
   • This section comes into effect when an appeal is filed under Section 419 BNSS, which allows an appeal against an acquittal.
2. Powers of the High Court
   • The High Court has the discretion to issue an arrest warrant against the acquitted person.
   • The accused can be brought before the High Court or any subordinate court for further proceedings.
3. Judicial Discretion in Custody or Bail
   • Once the accused is brought before the court, the court may:
     • Commit the accused to prison until the appeal is decided, or
     • Grant bail based on the circumstances of the case.

Illustration

Example 1: Arrest Ordered in a Serious Case

A person is acquitted of murder charges by the trial court. The prosecution files an appeal under Section 419 BNSS in the High Court.

• The High Court believes the accused may abscond and issues a warrant for arrest under Section 431 BNSS.
• The accused is taken into custody and presented before the court.

Example 2: Bail Granted During Appeal

A person acquitted of fraud is subject to an appeal by the complainant under Section 419 BNSS.

• The High Court issues an arrest warrant under Section 431 BNSS.
• The accused is brought before the court and, considering the non-violent nature of the offense, the court grants bail instead of sending them to prison.

Common Questions and Answers on Section 431 BNSS

1. Can an acquitted person be arrested after the trial?

Yes. If an appeal from acquittal is filed under Section 419 BNSS, the High Court has the power to order the arrest of the accused.

2. Does the High Court always issue an arrest warrant?

No. The High Court exercises discretion based on case facts and may issue an arrest warrant only when necessary.

3. What happens after the accused is arrested?

The accused is brought before the High Court or subordinate court, which may either:

• Commit them to prison, or
• Grant bail.

4. Can an accused person apply for bail after arrest under Section 431 BNSS?

Yes. The accused has the right to seek bail, and the court may grant it based on the severity of the offense and risk of absconding.

5. Is Section 431 BNSS applicable in all types of appeals?

No. It only applies to appeals from acquittal under Section 419 BNSS.

Conclusion

Section 431 BNSS ensures that in cases where an appeal is filed against an acquittal, the accused remains within the legal system and does not evade justice. It provides the High Court with the authority to issue an arrest warrant, while also allowing courts to grant bail where appropriate.

For more legal updates, visit ApniLaw! 🚀