(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 Magistrate of the first class, or of the second class; or (b) sentenced under section 364; or (c) in respect of whom an order has been made or a sentence has been passed under section 401 by any Magistrate, may appeal to the Court of Session. (4) When an appeal has been filed against a sentence passed under section 64, section 65, section 66, section 67, section 68, section 70 or section 71 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.
Bharatiya Nagarik Suraksha Sanhita
Section 415
Appeals from convictions
⚡ Quick Answer Reference: Section 415 BNSS
- Provision: Section 415 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: APPEALS
- Jurisdiction: India
- Summary: This section explains who can appeal a conviction in a court case. If someone is convicted by a High Court, they can appeal to the Supreme Court. If they were convicted by a Sessions Judge or another court that gave a sentence of more than seven years, they can appeal to the High Court. Otherwise, they can appeal to the Court of Session.
What does Section 415 of BNSS say?
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What does Section 415 of BNSS mean?
Plain English Explanation
This section explains who can appeal a conviction in a court case. If someone is convicted by a High Court, they can appeal to the Supreme Court. If they were convicted by a Sessions Judge or another court that gave a sentence of more than seven years, they can appeal to the High Court. Otherwise, they can appeal to the Court of Session.
Practical Interpretation
In real-life practice, this section means that people convicted by higher courts have more options for appealing their sentences. For example, if someone is convicted by a Sessions Judge and given a sentence of more than seven years, they can appeal to the High Court. This gives them a chance to have their sentence reviewed and potentially reduced.
Core Legal Purpose
The core purpose of this section is to provide a clear framework for appeals from convictions. It ensures that people know who they can appeal to and under what circumstances, which helps to ensure fairness and justice in the legal system.
- •The court that convicted the person must be specified (e.g. High Court, Sessions Judge, etc.).
- •The sentence given must be more than seven years for an appeal to be made to the High Court.
- •The person must be convicted on a trial held by a Magistrate of the first class, second class, or another specified court for an appeal to be made to the Court of Session.
- •There are specific exceptions and limitations under this section, such as the requirement for a sentence of more than seven years for an appeal to the High Court.
Practical Example of Section 415 BNSS
Rajesh is convicted by a Sessions Judge and given a sentence of eight years. He can appeal to the High Court under Section 415 of the BNSS. If he were convicted by a Magistrate of the first class, he would appeal to the Court of Session instead.
Frequently Asked Questions about Section 415 BNSS
Q: What is the punishment or consequence under Section 415 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It outlines the process for appealing a conviction, but does not specify any punishments or consequences.
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 the process for appealing convictions in court cases.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not deal with criminal classification. It is a civil/procedural provision and does not prescribe any criminal penalties.
Common Questions about Section 415 BNSS
What is Section 415 of BNSS?
Section 415 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Appeals from convictions". In plain terms: This section explains who can appeal a conviction in a court case. If someone is convicted by a High Court, they can appeal to the Supreme Court. If they were convicted by a Sessions Judge or another court that gave a sentence of more than seven years, they can appeal to the High Court. Otherwise, they can appeal to the Court of Session.
What is the punishment under Section 415 of BNSS?
Section 415 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 415 of BNSS bailable or non-bailable?
Whether Section 415 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 415 of BNSS?
The essential elements of Section 415 of BNSS are: The court that convicted the person must be specified (e.g. High Court, Sessions Judge, etc.).; The sentence given must be more than seven years for an appeal to be made to the High Court.; The person must be convicted on a trial held by a Magistrate of the first class, second class, or another specified court for an appeal to be made to the Court of Session..
What is the IPC equivalent of Section 415 of BNS?
Section 415 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to Section 374 of the old Indian Penal Code (IPC). There was no material change in the provision.
✓ No material change in the provision.
View Old Law Equivalent →Compare Side-by-Side →Landmark Judgments under Section 415 BNSS
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