Notwithstanding anything in section 415, there shall be no appeal by a convicted person in any of the following cases, namely: — (a) where a High Court passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine; (b) where a Court of Session passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine; (c) where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees; or (d) where, in a case tried summarily, a Magistrate empowered to act under section 283 passes only a sentence of fine not exceeding two hundred rupees: Provided that an appeal may be brought against any such sentence if any other punishment is combined with it, but such sentence shall not be appealable merely on the ground— (i) that the person convicted is ordered to furnish security to keep the peace; or (ii) that a direction for imprisonment in default of payment of fine is included in the sentence; or (iii) that more than one sentence of fine is passed in the case, if the total amount of fine imposed does not exceed the amount hereinbefore specified in respect of the case.
Bharatiya Nagarik Suraksha Sanhita
Section 417
No appeal in petty cases
⚡ Quick Answer Reference: Section 417 BNSS
- Provision: Section 417 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: APPEALS
- Jurisdiction: India
- Summary: This section means that in certain minor cases, a person cannot appeal a conviction if the punishment is a short jail term or a small fine.
What does Section 417 of BNSS say?
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What does Section 417 of BNSS mean?
Plain English Explanation
This section means that in certain minor cases, a person cannot appeal a conviction if the punishment is a short jail term or a small fine.
Practical Interpretation
In practice, this section limits appeals in petty cases to prevent clogging the courts with minor disputes, focusing on more serious crimes instead.
Core Legal Purpose
The core purpose is to streamline the judicial process by eliminating appeals for minor offenses, thus conserving court resources for more significant cases.
- •The case must involve a sentence of imprisonment not exceeding three months or a fine not exceeding one thousand rupees from a High Court.
- •For a Court of Session, the imprisonment term must not exceed three months or the fine two hundred rupees.
- •A key legal test is whether the punishment exceeds the specified limits, making the case appealable.
- •An exception is if any other punishment is combined with the sentence, making it appealable despite the minor nature of the primary punishment.
Practical Example of Section 417 BNSS
Rajesh is fined one hundred rupees by a Magistrate of the first class for a minor infraction. Since the fine is below the one hundred rupees threshold for such a court, Rajesh cannot appeal the conviction. However, if the Magistrate had also ordered imprisonment, Rajesh could appeal, regardless of the fine amount.
Frequently Asked Questions about Section 417 BNSS
Q: What is the punishment or consequence under Section 417 of BNSS?
The punishment or consequence under this section involves sentences of imprisonment for terms not exceeding three months or fines not exceeding specified amounts, depending on the court. The consequence is primarily the limitation on the right to appeal these minor convictions.
Q: Does this section apply to private individuals or public entities?
This section applies to convicted persons, which can include both private individuals and, in certain contexts, public entities or officials, depending on the nature of the offense and the court's jurisdiction.
Q: Is an offence under this section bailable or cognizable?
The bailability or cognizability of an offense under this section depends on the specific offense and the court's discretion, rather than the section itself, which primarily deals with the appealability of minor convictions.
Common Questions about Section 417 BNSS
What is Section 417 of BNSS?
Section 417 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "No appeal in petty cases". In plain terms: This section means that in certain minor cases, a person cannot appeal a conviction if the punishment is a short jail term or a small fine.
What is the punishment under Section 417 of BNSS?
Section 417 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 417 of BNSS bailable or non-bailable?
Whether Section 417 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 417 of BNSS?
The essential elements of Section 417 of BNSS are: The case must involve a sentence of imprisonment not exceeding three months or a fine not exceeding one thousand rupees from a High Court.; For a Court of Session, the imprisonment term must not exceed three months or the fine two hundred rupees.; A key legal test is whether the punishment exceeds the specified limits, making the case appealable..
Landmark Judgments under Section 417 BNSS
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 417
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