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Bharatiya Nagarik Suraksha Sanhita

Section 413

No appeal to lie unless otherwise provided

Quick Answer Reference: Section 413 BNSS

  • Provision: Section 413 of BNSS
  • Act: Bharatiya Nagarik Suraksha Sanhita
  • Classification: APPEALS
  • Jurisdiction: India
  • Summary: This section says that you can't appeal a court decision unless it's allowed by this law or another law. However, the victim has the right to appeal if the court lets the accused go free or convicts them of a lesser crime, or if the compensation is not enough.
Statutory Content

What does Section 413 of BNSS say?

No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force: Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.

Indian StandardSection 413, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 413 (India)
Court Pleading StandardSection 413 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/413

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.
Section Meaning & Purpose

What does Section 413 of BNSS mean?

Plain English Explanation

This section says that you can't appeal a court decision unless it's allowed by this law or another law. However, the victim has the right to appeal if the court lets the accused go free or convicts them of a lesser crime, or if the compensation is not enough.

Practical Interpretation

In practical terms, this section means that the victim has a special right to appeal in certain situations, but otherwise, appeals are only allowed if the law specifically says so.

Core Legal Purpose

The core purpose of this section is to limit appeals to specific situations where the victim has been unfairly treated, while also ensuring that the law is followed and appeals are only allowed when necessary.

Key Legal Elements
  • No appeal shall lie from any judgment or order of a Criminal Court
  • Except as provided for by this Sanhita or by any other law for the time being in force
  • The victim shall have a right to prefer an appeal against any order passed by the Court
  • Acquitting the accused or convicting for a lesser offence or imposing inadequate compensation
Practical Example

Practical Example of Section 413 BNSS

Rajesh, the victim, was involved in a hit-and-run case where Amit was accused of causing the accident. The court acquitted Amit, citing lack of evidence. However, Rajesh felt that the compensation awarded was inadequate. In this situation, Rajesh can appeal the court's decision under Section 413 of BNSS, as the court acquitted Amit and the compensation was deemed inadequate.

Common Questions (FAQ)

Frequently Asked Questions about Section 413 BNSS

Q: What is the punishment or consequence under Section 413 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to both private individuals and public entities, as it deals with appeals in criminal cases.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not deal with criminal classification. However, the underlying offence may be bailable or cognizable depending on the specific circumstances.

People Also Ask (PAA)

Common Questions about Section 413 BNSS

What is Section 413 of BNSS?

Section 413 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "No appeal to lie unless otherwise provided". In plain terms: This section says that you can't appeal a court decision unless it's allowed by this law or another law. However, the victim has the right to appeal if the court lets the accused go free or convicts them of a lesser crime, or if the compensation is not enough.

What is the punishment under Section 413 of BNSS?

Section 413 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 413 of BNSS bailable or non-bailable?

Whether Section 413 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 413 of BNSS?

The essential elements of Section 413 of BNSS are: No appeal shall lie from any judgment or order of a Criminal Court; Except as provided for by this Sanhita or by any other law for the time being in force; The victim shall have a right to prefer an appeal against any order passed by the Court.

Landmark Case Laws

Landmark Judgments under Section 413 BNSS

2014 8 SCC 273

Supreme Court of India

2013 2 SCC 1

Supreme Court of India

2017 10 SCC 1

Supreme Court of India

Patnahcucisdb94 High Court (10 8)