(1) Any person sentenced by any Court other than a High Court under section 383, section 384, section 388, or section 389 may, notwithstanding anything contained in this Sanhita appeal to the Court to which decrees or orders made in such Court are ordinarily appealable. (2) The provisions of Chapter XXXI shall, so far as they are applicable, apply to appeals under this section, and the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against. (3) An appeal from such conviction by a Court of Small Causes shall lie to the Court of Session for the sessions division within which such Court is situate. (4) An appeal from such conviction by any Registrar or Sub-Registrar deemed to be a Civil Court by virtue of a direction issued under section 386 shall lie to the Court of Session for the sessions division within which the office of such Registrar or Sub-Registrar is situate.
Bharatiya Nagarik Suraksha Sanhita
Section 390
Appeals from convictions under sections 383, 384, 388 and 389
⚡ Quick Answer Reference: Section 390 BNSS
- Provision: Section 390 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
- Jurisdiction: India
- Summary: If a person is convicted by a court other than a High Court under sections 383, 384, 388, or 389, they can appeal to the court that normally hears appeals from that court. This means they can challenge the conviction or sentence.
What does Section 390 of BNSS say?
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What does Section 390 of BNSS mean?
Plain English Explanation
If a person is convicted by a court other than a High Court under sections 383, 384, 388, or 389, they can appeal to the court that normally hears appeals from that court. This means they can challenge the conviction or sentence.
Practical Interpretation
In practice, this section allows a person to appeal a conviction to a higher court if they were originally convicted by a lower court. The appeal can challenge the conviction or sentence, and the higher court can alter or reverse the decision.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for appealing convictions under sections 383, 384, 388, and 389. It ensures that a person has the right to challenge a conviction or sentence if they feel it was unfair or unjust.
- •The person must have been convicted by a court other than a High Court under sections 383, 384, 388, or 389.
- •The appeal must be made to the court that normally hears appeals from the original court.
- •The Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against.
- •An appeal from a conviction by a Court of Small Causes lies to the Court of Session for the sessions division within which such Court is situate.
Practical Example of Section 390 BNSS
Rajesh was convicted by a Court of Small Causes for an offence under section 383. He wants to appeal the conviction. According to section 390, Rajesh can appeal to the Court of Session for the sessions division within which the Court of Small Causes is situate. The Court of Session will then hear the appeal and may alter or reverse the finding, or reduce or reverse the sentence appealed against.
Frequently Asked Questions about Section 390 BNSS
Q: What is the punishment or consequence under Section 390 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It only outlines the mechanism for appealing convictions under sections 383, 384, 388, and 389.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities who have been convicted by a court other than a High Court under sections 383, 384, 388, or 389.
Q: Is an offence under this section bailable or cognizable?
This section does not classify the offence as bailable or cognizable. It is a procedural provision and does not prescribe any criminal classification.
Common Questions about Section 390 BNSS
What is Section 390 of BNSS?
Section 390 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Appeals from convictions under sections 383, 384, 388 and 389". In plain terms: If a person is convicted by a court other than a High Court under sections 383, 384, 388, or 389, they can appeal to the court that normally hears appeals from that court. This means they can challenge the conviction or sentence.
What is the punishment under Section 390 of BNSS?
Section 390 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 390 of BNSS bailable or non-bailable?
Whether Section 390 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 390 of BNSS?
The essential elements of Section 390 of BNSS are: The person must have been convicted by a court other than a High Court under sections 383, 384, 388, or 389.; The appeal must be made to the court that normally hears appeals from the original court.; The Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against..
Landmark Judgments under Section 390 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 390
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