(1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond or bail bond: Provided that the Appellate Court shall, before releasing on his own bond or bail bond a convicted person who is convicted of an offence punishable with death or imprisonment for life or imprisonment for a term of not less than ten years, shall give opportunity to the Public Prosecutor for showing cause in writing against such release: Provided further that in cases where a convicted person is released on bail it shall be open to the Public Prosecutor to file an application for the cancellation of the bail. (2) The power conferred by this section on an Appellate Court may be exercised also by the High Court in the case of an appeal by a convicted person to a Court subordinate thereto. (3) Where the convicted person satisfies the Court by which he is convicted that he intends to present an appeal, the Court shall,— (i) where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years; or (ii) where the offence of which such person has been convicted is a bailable one, and he is on bail, order that the convicted person be released on bail, unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub-section (1); and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended. (4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced.
Bharatiya Nagarik Suraksha Sanhita
Section 430
Suspension of sentence pending appeal; release of appellant on bail
⚡ Quick Answer Reference: Section 430 BNSS
- Provision: Section 430 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: APPEALS
- Jurisdiction: India
- Summary: This section allows an Appellate Court to suspend a sentence and release a convicted person on bail while their appeal is pending, under certain conditions.
What does Section 430 of BNSS say?
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What does Section 430 of BNSS mean?
Plain English Explanation
This section allows an Appellate Court to suspend a sentence and release a convicted person on bail while their appeal is pending, under certain conditions.
Practical Interpretation
In practice, this section provides a mechanism for convicted individuals to be released on bail during the appeal process, ensuring they are not unfairly imprisoned before their appeal is heard.
Core Legal Purpose
The core purpose of this section is to balance the need for justice with the protection of individual rights, by allowing for the suspension of sentences and release on bail during the appeal process.
- •The appeal must be pending before the Appellate Court.
- •The Appellate Court must record reasons in writing for suspending the sentence and releasing the appellant on bail.
- •The key legal test is whether the appellant has shown sufficient grounds for suspending the sentence and releasing them on bail.
- •A key exception is that the Public Prosecutor must be given an opportunity to show cause against the release of a convicted person who has been sentenced to death, life imprisonment, or imprisonment for ten years or more.
Practical Example of Section 430 BNSS
Rajesh is convicted of a crime and sentenced to five years in prison. He appeals the conviction and applies to the Appellate Court to suspend his sentence and release him on bail pending the appeal. The Appellate Court, after considering the grounds for the appeal and the Public Prosecutor's objections, orders that Rajesh be released on bail. Rajesh is then released from prison and awaits the outcome of his appeal.
Frequently Asked Questions about Section 430 BNSS
Q: What is the punishment or consequence under Section 430 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It deals with the suspension of sentences and release on bail during the appeal process.
Q: Does this section apply to private individuals or public entities?
This section applies to convicted individuals who are appealing their convictions, regardless of whether they are private individuals or 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 a procedural provision that applies to the appeal process.
Common Questions about Section 430 BNSS
What is Section 430 of BNSS?
Section 430 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Suspension of sentence pending appeal; release of appellant on bail". In plain terms: This section allows an Appellate Court to suspend a sentence and release a convicted person on bail while their appeal is pending, under certain conditions.
What is the punishment under Section 430 of BNSS?
Section 430 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 430 of BNSS bailable or non-bailable?
Whether Section 430 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 430 of BNSS?
The essential elements of Section 430 of BNSS are: The appeal must be pending before the Appellate Court.; The Appellate Court must record reasons in writing for suspending the sentence and releasing the appellant on bail.; The key legal test is whether the appellant has shown sufficient grounds for suspending the sentence and releasing them on bail..
What is the IPC equivalent of Section 430 of BNS?
Section 430 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to Section 389 of the old Indian Penal Code (IPC). There was no material change in the provision.
✓ No material change in the provision.
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