Criminal Appeals

What this case type involves

Jurisdiction and the right court

Key legal provisions

Provisions are quoted by section and Act. The notes paraphrase their effect; always read the current text of the statute before relying on it.

• ‘Section 413, Bharatiya Nagarik Suraksha Sanhita 2023’

  no appeal except as provided by the Sanhita; the proviso gives victims a right of appeal (formerly Section 372 CrPC).

• ‘Section 415, Bharatiya Nagarik Suraksha Sanhita 2023’

  appeals from convictions — to the High Court from a Court of Session and to the Court of Session from a Magistrate (formerly Section 374 CrPC).

• ‘Section 419, Bharatiya Nagarik Suraksha Sanhita 2023’

  appeal by the State or complainant against acquittal, with leave of the High Court (formerly Section 378 CrPC).

• ‘Section 430, Bharatiya Nagarik Suraksha Sanhita 2023’

  suspension of sentence and release on bail pending appeal (formerly Section 389 CrPC).

• ‘Section 438, Bharatiya Nagarik Suraksha Sanhita 2023’ and ‘Section 442, Bharatiya Nagarik Suraksha Sanhita 2023’

  revisional powers of the High Court and Sessions Judge to call for records and correct illegality (formerly Sections 397 and 401 CrPC).

• ‘Section 528, Bharatiya Nagarik Suraksha Sanhita 2023’

  inherent power of the High Court to quash proceedings to prevent abuse of process or secure the ends of justice (formerly Section 482 CrPC).

• ‘Article 134, Constitution of India’

  appeals to the Supreme Court in specified criminal cases; widened by the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act 1970.

Filing procedure, step by step

1. 1Obtain the certified copy of the judgment and order of sentence promptly; limitation runs from the date of the judgment, excluding time taken to obtain the copy.
2. 2Draft the memorandum of appeal with grounds (‘Section 418, Bharatiya Nagarik Suraksha Sanhita 2023’ requires a copy of the judgment to accompany it) and, if the appellant is in custody, present it through the jail superintendent.
3. 3Move an application for suspension of sentence and bail pending appeal (Section 430 BNSS) along with the appeal.
4. 4The appellate court admits the appeal, calls for the trial court record and hears both sides; it may confirm, reverse or modify the finding and sentence, or order a retrial.
5. 5An adverse High Court decision may be carried to the Supreme Court by Special Leave Petition within 90 days, or as an appeal of right where Article 134 applies.

Limitation periods

• Appeal to the High Court from a sentence (other than death): 60 days; appeal to any other court from a sentence: 30 days (Article 115, Schedule to the Limitation Act 1963).
• Appeal from a sentence of death: 30 days (Article 115).
• State appeal against acquittal to the High Court: 90 days from the order; complainant's appeal after special leave: 30 days from grant of leave (Article 114).
• Special Leave Petition to the Supreme Court: 90 days from the High Court judgment (Article 133; Order XXI, Supreme Court Rules 2013). Delay may be condoned on sufficient cause under Section 5 of the Limitation Act 1963.

Limitation is computed under the Limitation Act 1963 and the specific statute; the time taken to obtain certified copies is generally excluded. Verify the applicable period with counsel before filing.

Documents you will need

• Certified copy of the judgment and order on sentence
• Copy of the FIR, charge-sheet and charge framed
• Trial court record: depositions, exhibits and statements under Section 351 BNSS (formerly 313 CrPC)
• Custody certificate (if the appellant is in jail)
• Previous bail orders and any High Court orders
• Vakalatnama; affidavit in support of bail or stay applications

Practical tips for litigants

• Grounds of appeal should point to specific errors — misreading of evidence, ignored contradictions, wrong application of law — rather than general assertions of innocence.
• Apply for suspension of sentence at the earliest; the appellate court considers the length of sentence already served and the likely delay in hearing.
• For matters registered before 1 July 2024, check which Code governs each step; courts have held that pending proceedings continue under the old Code.
• Keep a clean record of compliance with bail conditions — violations are the commonest reason for cancellation.

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