(1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5),— (a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non- bailable offence; (b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision. (2) If such an order of acquittal is passed 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, subject to the provisions of sub-section (3), also direct the Public Prosecutor to present an appeal— (a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence; (b) to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision. (3) No appeal to the High Court under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court. (4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court. (5) No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal. (6) If, in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1) or under sub-section (2).
Bharatiya Nagarik Suraksha Sanhita
Section 419
Appeal in case of acquittal
⚡ Quick Answer Reference: Section 419 BNSS
- Provision: Section 419 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: APPEALS
- Jurisdiction: India
- Summary: This section allows the District Magistrate, State Government, or Central Government to appeal against an acquittal order in certain cases. The appeal can be made to the Court of Session or the High Court, depending on the circumstances. The High Court has the power to grant special leave to appeal in some cases.
What does Section 419 of BNSS say?
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What does Section 419 of BNSS mean?
Plain English Explanation
This section allows the District Magistrate, State Government, or Central Government to appeal against an acquittal order in certain cases. The appeal can be made to the Court of Session or the High Court, depending on the circumstances. The High Court has the power to grant special leave to appeal in some cases.
Practical Interpretation
In practice, this section gives the authorities the power to challenge acquittal orders in cases where they believe justice has not been served. The authorities can appeal to the higher courts, which will review the case and decide whether to uphold or set aside the acquittal order.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for challenging acquittal orders in cases where the authorities believe that the accused has not been held accountable for their actions. This section aims to ensure that justice is served and that the rights of victims and society are protected.
- •The order of acquittal must be passed in a case involving a cognizable and non-bailable offence.
- •The District Magistrate, State Government, or Central Government must direct the Public Prosecutor to present an appeal.
- •The appeal must be made to the Court of Session or the High Court, depending on the circumstances.
- •The High Court has the power to grant special leave to appeal in some cases.
Practical Example of Section 419 BNSS
Rajesh, a public servant, is accused of committing a cognizable and non-bailable offence. The Magistrate passes an order of acquittal, which Rajesh disputes. The District Magistrate directs the Public Prosecutor to present an appeal to the Court of Session. The Court of Session reviews the case and decides to uphold the acquittal order. However, Priya, the complainant, applies to the High Court for special leave to appeal. The High Court grants special leave to appeal, and Priya presents her appeal to the High Court. The High Court reviews the case and decides to set aside the acquittal order, ordering a retrial.
Frequently Asked Questions about Section 419 BNSS
Q: What is the punishment or consequence under Section 419 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequences of an appeal under this section will depend on the outcome of the appeal, which may result in the acquittal order being upheld or set aside.
Q: Does this section apply to private individuals or public entities?
This section applies to public entities, including the District Magistrate, State Government, and Central Government, as well as public servants like Rajesh.
Q: Is an offence under this section bailable or cognizable?
The offence under this section is cognizable and non-bailable, as stated in the statutory text.
Common Questions about Section 419 BNSS
What is Section 419 of BNSS?
Section 419 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Appeal in case of acquittal". In plain terms: This section allows the District Magistrate, State Government, or Central Government to appeal against an acquittal order in certain cases. The appeal can be made to the Court of Session or the High Court, depending on the circumstances. The High Court has the power to grant special leave to appeal in some cases.
What is the punishment under Section 419 of BNSS?
Section 419 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 419 of BNSS bailable or non-bailable?
Whether Section 419 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 419 of BNSS?
The essential elements of Section 419 of BNSS are: The order of acquittal must be passed in a case involving a cognizable and non-bailable offence.; The District Magistrate, State Government, or Central Government must direct the Public Prosecutor to present an appeal.; The appeal must be made to the Court of Session or the High Court, depending on the circumstances..
What is the IPC equivalent of Section 419 of BNS?
Section 419 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to Section 378 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 419 BNSS
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