Notwithstanding anything in section 415, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal,— (i) if the conviction is by a High Court; or (ii) if the conviction is by a Court of Session or Magistrate of the first or second class, except as to the extent or legality of the sentence.
Bharatiya Nagarik Suraksha Sanhita
Section 416
No appeal in certain cases when accused pleads guilty
Englishहिंदी
⚡ Quick Answer Reference: Section 416 BNSS
- Provision: Section 416 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: APPEALS
- Jurisdiction: India
- Summary: This section means that if someone pleads guilty and is convicted, they cannot appeal the conviction in certain cases, such as when the High Court convicts them.
Statutory Content
What does Section 416 of BNSS say?
Indian StandardSection 416, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 416 (India)
Court Pleading StandardSection 416 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/416
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✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 416 of BNSS mean?
Plain English Explanation
This section means that if someone pleads guilty and is convicted, they cannot appeal the conviction in certain cases, such as when the High Court convicts them.
Practical Interpretation
In practice, this section limits the ability of an accused to appeal a conviction when they have pleaded guilty, especially in higher courts or specific lower courts, unless it's about the sentence.
Core Legal Purpose
The main purpose is to prevent unnecessary appeals when the accused has already admitted guilt, streamlining the legal process and saving time, except when the sentence is in question.
Key Legal Elements
- •The accused must have pleaded guilty.
- •The conviction must be by a High Court, or a Court of Session, or a Magistrate of the first or second class.
- •The key legal test is whether the conviction is based on a guilty plea.
- •The key exception is for appeals regarding the extent or legality of the sentence in lower courts.
Practical Example
Practical Example of Section 416 BNSS
Rajesh is accused of a crime and pleads guilty in a Court of Session. He is convicted and sentenced. According to this section, Rajesh cannot appeal his conviction but can appeal the sentence if he believes it is excessive or illegal.
Common Questions (FAQ)
Frequently Asked Questions about Section 416 BNSS
Q: What is the punishment or consequence under Section 416 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It deals with the appeal process after a guilty plea.
Q: Does this section apply to private individuals or public entities?
This section applies to accused persons, which could be private individuals, in the context of criminal proceedings.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with the classification of offences as bailable or cognizable. It pertains to the appeal process after a conviction based on a guilty plea.
People Also Ask (PAA)
Common Questions about Section 416 BNSS
What is Section 416 of BNSS?
Section 416 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "No appeal in certain cases when accused pleads guilty". In plain terms: This section means that if someone pleads guilty and is convicted, they cannot appeal the conviction in certain cases, such as when the High Court convicts them.
What is the punishment under Section 416 of BNSS?
Section 416 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 416 of BNSS bailable or non-bailable?
Whether Section 416 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 416 of BNSS?
The essential elements of Section 416 of BNSS are: The accused must have pleaded guilty.; The conviction must be by a High Court, or a Court of Session, or a Magistrate of the first or second class.; The key legal test is whether the conviction is based on a guilty plea..
Landmark Case Laws
Landmark Judgments under Section 416 BNSS
Patnahcucisdb94 High Court (10 8)
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