When an appeal is presented under section 419, the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail.
Bharatiya Nagarik Suraksha Sanhita
Section 431
Arrest of accused in appeal from acquittal
Englishहिंदी
⚡ Quick Answer Reference: Section 431 BNSS
- Provision: Section 431 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: APPEALS
- Jurisdiction: India
- Summary: When someone appeals against an acquittal, the High Court can order the accused to be arrested and brought before it. The court can then decide whether to keep the accused in prison until the appeal is decided or let them out on bail.
Statutory Content
What does Section 431 of BNSS say?
Indian StandardSection 431, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 431 (India)
Court Pleading StandardSection 431 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/431
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
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).
AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.
Section Meaning & Purpose
What does Section 431 of BNSS mean?
Plain English Explanation
When someone appeals against an acquittal, the High Court can order the accused to be arrested and brought before it. The court can then decide whether to keep the accused in prison until the appeal is decided or let them out on bail.
Practical Interpretation
This section allows the High Court to take control of the accused's situation when an appeal is filed against an acquittal. The court can issue a warrant for the accused's arrest and bring them before it for further proceedings.
Core Legal Purpose
The core purpose of this section is to ensure that the accused is available for further proceedings when an appeal is filed against their acquittal. This provision helps to maintain the integrity of the legal process and ensures that justice is served.
Key Legal Elements
- •An appeal is presented under section 419.
- •The High Court may issue a warrant directing the accused's arrest.
- •The accused must be brought before the High Court or a subordinate court.
- •The court before which the accused is brought may commit them to prison pending the disposal of the appeal or admit them to bail.
Practical Example
Practical Example of Section 431 BNSS
Rajesh, who was acquitted of a crime, files an appeal against the acquittal. The High Court issues a warrant for Rajesh's arrest and brings him before it. The court decides to admit Rajesh to bail pending the disposal of the appeal. In this scenario, section 431 of BNSS is applied to ensure that Rajesh is available for further proceedings.
Common Questions (FAQ)
Frequently Asked Questions about Section 431 BNSS
Q: What is the punishment or consequence under Section 431 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It outlines the process for arresting and bringing the accused before the court when an appeal is filed against an acquittal.
Q: Does this section apply to private individuals or public entities?
This section applies to private individuals who have been acquitted of a crime and file an appeal against the acquittal.
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. However, the court may admit the accused to bail pending the disposal of the appeal.
People Also Ask (PAA)
Common Questions about Section 431 BNSS
What is Section 431 of BNSS?
Section 431 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Arrest of accused in appeal from acquittal". In plain terms: When someone appeals against an acquittal, the High Court can order the accused to be arrested and brought before it. The court can then decide whether to keep the accused in prison until the appeal is decided or let them out on bail.
What is the punishment under Section 431 of BNSS?
Section 431 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 431 of BNSS bailable or non-bailable?
Whether Section 431 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 431 of BNSS?
The essential elements of Section 431 of BNSS are: An appeal is presented under section 419.; The High Court may issue a warrant directing the accused's arrest.; The accused must be brought before the High Court or a subordinate court..
Landmark Case Laws
Landmark Judgments under Section 431 BNSS
Patnahcucisdb94 High Court (10 8)
Related Sections
Commonly Cited Alongside
Sections commonly cited alongside Section 431
Query this section with AI
Ask Nyaya AI About Section 431
Select a pre-configured prompt to run this section through the grounded research engine.
Contextual Workflows