Where the High Court has, on appeal, reversed an order of acquittal of an accused person and convicted him and sentenced him to death or to imprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the Supreme Court.
Bharatiya Nagarik Suraksha Sanhita
Section 420
Appeal against conviction by High Court in certain cases
⚡ Quick Answer Reference: Section 420 BNSS
- Provision: Section 420 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: APPEALS
- Jurisdiction: India
- Summary: If the High Court reverses an acquittal and convicts someone to death, life imprisonment, or 10+ years, the person can appeal to the Supreme Court.
What does Section 420 of BNSS say?
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What does Section 420 of BNSS mean?
Plain English Explanation
If the High Court reverses an acquittal and convicts someone to death, life imprisonment, or 10+ years, the person can appeal to the Supreme Court.
Practical Interpretation
This section provides a pathway for appeal to the Supreme Court in specific cases where the High Court has overturned an acquittal and given a severe sentence.
Core Legal Purpose
The core purpose is to ensure that individuals convicted under severe circumstances by the High Court have a further avenue for appeal, safeguarding their rights.
- •The High Court must have reversed an order of acquittal.
- •The accused must have been convicted and sentenced to death, life imprisonment, or imprisonment for 10 years or more.
- •The key legal test is the severity of the sentence imposed by the High Court.
- •There is no explicit exception mentioned in this section, but the conditions for appeal are strictly defined.
Practical Example of Section 420 BNSS
Rajesh was acquitted by the lower court, but the High Court reversed this decision and sentenced him to life imprisonment. Rajesh can now appeal this conviction to the Supreme Court under Section 420, arguing that the High Court erred in its judgment or that the sentence was inappropriate.
Frequently Asked Questions about Section 420 BNSS
Q: What is the punishment or consequence under Section 420 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It deals with the right to appeal a conviction.
Q: Does this section apply to private individuals or public entities?
This section applies to accused persons who have been convicted by the High Court under the specified circumstances, regardless of whether they are private individuals or associated with public entities.
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 is concerned with the appeal process following a conviction by the High Court.
Common Questions about Section 420 BNSS
What is Section 420 of BNSS?
Section 420 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Appeal against conviction by High Court in certain cases". In plain terms: If the High Court reverses an acquittal and convicts someone to death, life imprisonment, or 10+ years, the person can appeal to the Supreme Court.
What is the punishment under Section 420 of BNSS?
Section 420 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 420 of BNSS bailable or non-bailable?
Whether Section 420 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 420 of BNSS?
The essential elements of Section 420 of BNSS are: The High Court must have reversed an order of acquittal.; The accused must have been convicted and sentenced to death, life imprisonment, or imprisonment for 10 years or more.; The key legal test is the severity of the sentence imposed by the High Court..
What is the IPC equivalent of Section 420 of BNS?
Section 420 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to Section 379 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 420 BNSS
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