Bharatiya Nagarik Suraksha Sanhita

Section 421

Special right of appeal in certain cases

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⚡ Quick Answer Reference: Section 421 BNSS

Provision: Section 421 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: APPEALS
Jurisdiction: India
Summary: This section gives people who were convicted in the same trial the right to appeal, even if they were not the only ones convicted. This means that if multiple people were found guilty in the same trial, and one of them has a judgment or order that can be appealed, all or any of the people convicted can appeal.

Statutory Content

What does Section 421 of BNSS say?

Notwithstanding anything in this Chapter, when more persons than one are convicted in one trial, and an appealable judgment or order has been passed in respect of any of such persons, all or any of the persons convicted at such trial shall have a right of appeal.

Indian StandardSection 421, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 421 (India)

Court Pleading StandardSection 421 of the Bharatiya Nagarik Suraksha Sanhita

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ 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 421 of BNSS mean?

Plain English Explanation

This section gives people who were convicted in the same trial the right to appeal, even if they were not the only ones convicted. This means that if multiple people were found guilty in the same trial, and one of them has a judgment or order that can be appealed, all or any of the people convicted can appeal.

Practical Interpretation

In practical terms, this section allows multiple defendants who were convicted in the same trial to appeal their convictions, even if only one of them has a judgment or order that can be appealed. This means that the court will consider the appeals of all the defendants who were convicted in the same trial.

Core Legal Purpose

The core purpose of this section is to ensure that all defendants who were convicted in the same trial have the opportunity to appeal their convictions, even if only one of them has a judgment or order that can be appealed. This is to ensure that justice is served and that all defendants receive a fair trial.

Key Legal Elements

•More than one person is convicted in the same trial.
•An appealable judgment or order has been passed in respect of any of the persons convicted.
•The appeal is available to all or any of the persons convicted at the trial.
•This section does not specify any exceptions or limitations.

Practical Example

Practical Example of Section 421 BNSS

Rajesh and Priya were convicted of a crime in the same trial. The judge passed a judgment that was appealable, but also convicted Rajesh of a separate charge. Rajesh and Priya both have the right to appeal their convictions, even though only one of them has a judgment that can be appealed.

Common Questions (FAQ)

Frequently Asked Questions about Section 421 BNSS

Q: What is the punishment or consequence under Section 421 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to both private individuals and public entities, as it does not specify any exceptions or limitations.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not classify the offence as bailable or cognizable.

Common Questions about Section 421 BNSS

What is Section 421 of BNSS?

Section 421 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Special right of appeal in certain cases". In plain terms: This section gives people who were convicted in the same trial the right to appeal, even if they were not the only ones convicted. This means that if multiple people were found guilty in the same trial, and one of them has a judgment or order that can be appealed, all or any of the people convicted can appeal.

What is the punishment under Section 421 of BNSS?

Section 421 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 421 of BNSS bailable or non-bailable?

Whether Section 421 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 421 of BNSS?

The essential elements of Section 421 of BNSS are: More than one person is convicted in the same trial.; An appealable judgment or order has been passed in respect of any of the persons convicted.; The appeal is available to all or any of the persons convicted at the trial..

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