(1) Save as otherwise provided in sub-section (2), the State Government may, in any case of conviction on a trial held by any Court other than a High Court, direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy— (a) to the Court of Session, if the sentence is passed by the Magistrate; and (b) to the High Court, if the sentence is passed by any other Court. (2) If such conviction is in a case in which the offence has been investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita, the Central Government may also direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy— (a) to the Court of Session, if the sentence is passed by the Magistrate; and (b) to the High Court, if the sentence is passed by any other Court. (3) When an appeal has been filed against the sentence on the ground of its inadequacy, the Court of Session or, as the case may be, the High Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused may plead for his acquittal or for the reduction of the sentence. (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 418
Appeal by State Government against sentence
⚡ Quick Answer Reference: Section 418 BNSS
- Provision: Section 418 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: APPEALS
- Jurisdiction: India
- Summary: This section allows the State Government to appeal against a sentence if it's considered too lenient, directing the Public Prosecutor to file an appeal to a higher court.
What does Section 418 of BNSS say?
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What does Section 418 of BNSS mean?
Plain English Explanation
This section allows the State Government to appeal against a sentence if it's considered too lenient, directing the Public Prosecutor to file an appeal to a higher court.
Practical Interpretation
In practice, this section enables the State Government to review and potentially increase sentences deemed inadequate, ensuring justice is served through the appeal process.
Core Legal Purpose
The core purpose is to provide a legal mechanism for the State Government to challenge sentences perceived as insufficient, thereby upholding the principles of justice and public safety.
- •The conviction must be from a trial held by any Court other than a High Court.
- •The State Government must direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy.
- •The key legal test is whether the sentence is deemed inadequate, prompting an appeal.
- •A key exception is when the offence was investigated by an agency under a Central Act, in which case the Central Government may also direct an appeal.
Practical Example of Section 418 BNSS
Rajesh is convicted of a crime by a Magistrate and receives a sentence the State Government deems too lenient. The State Government directs the Public Prosecutor to appeal the sentence to the Court of Session, which may then enhance the sentence after giving Rajesh a chance to show cause against the enhancement.
Frequently Asked Questions about Section 418 BNSS
Q: What is the punishment or consequence under Section 418 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It outlines the process for appealing against a sentence deemed inadequate.
Q: Does this section apply to private individuals or public entities?
This section applies to the State Government and the Central Government in cases where the offence was investigated by an agency under a Central Act.
Q: Is an offence under this section bailable or cognizable?
This section does not classify an offence as bailable or cognizable; it pertains to the appeal process against sentences.
Common Questions about Section 418 BNSS
What is Section 418 of BNSS?
Section 418 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Appeal by State Government against sentence". In plain terms: This section allows the State Government to appeal against a sentence if it's considered too lenient, directing the Public Prosecutor to file an appeal to a higher court.
What is the punishment under Section 418 of BNSS?
Section 418 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 418 of BNSS bailable or non-bailable?
Whether Section 418 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 418 of BNSS?
The essential elements of Section 418 of BNSS are: The conviction must be from a trial held by any Court other than a High Court.; The State Government must direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy.; The key legal test is whether the sentence is deemed inadequate, prompting an appeal..
Landmark Judgments under Section 418 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 418
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