A criminal appeal challenges a conviction, a sentence or an acquittal. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, an appeal from a conviction is provided for in Section 415 and an appeal against an acquittal in Section 419. The appellate court may suspend the sentence and release the appellant on bail while the appeal is pending.
- Category
- Appeals & Revisions
- Court or forum
- High Court, Trial and subordinate courts
- Type of content
- General information, not legal advice
- Last updated
Purpose and background
A criminal appeal challenges a conviction, a sentence or an acquittal. Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure, 1973, an appeal from a conviction is provided for in Section 415 (earlier Section 374) and an appeal against an acquittal in Section 419 (earlier Section 378). The appellate court may suspend a sentence and release the appellant on bail while the appeal is pending (Section 430, earlier Section 389).
Which Code applies can depend on when the proceeding began, so check the saving provisions of the BNSS.
Jurisdiction: where is it filed?
An appeal lies to the High Court from a conviction by a Court of Session in the cases the Code allows, including where the sentence is imprisonment of more than seven years. Appeals against certain orders and acquittals follow the provisions of the Code.
Procedural stages
- Obtain certified copies of the judgment and the order on sentence.
- Check the limitation period and, if the appeal is late, prepare an application explaining the delay.
- Draft the appeal memorandum with the grounds of challenge. If the appellant is in custody and seeks release, prepare an application for suspension of sentence and bail.
- File the appeal and remove any registry objections.
- At admission the court may issue notice, call for the records and consider the application for suspension of sentence.
- Hearing and judgment.
Documents commonly required
- Appeal memorandum
- Certified copies of the judgment and the order on sentence
- Application for suspension of sentence and bail, where sought
- Custody details and surety documents, where relevant
- Application for condonation of delay, if the appeal is late
- Authority or vakalatnama
Limitation and timing
Limitation for criminal appeals is set by the Limitation Act, 1963 and differs by the kind of appeal. Verify the period before filing.
Common questions
Can a sentence be suspended while a criminal appeal is pending?
Yes. The appellate court has power to suspend the sentence and release the convict on bail during the appeal. This is provided for in Section 430 of the BNSS, earlier Section 389 of the Code of Criminal Procedure. It is decided on the facts of each case.
What is the time limit for a criminal appeal?
The Limitation Act, 1963 sets different periods for different appeals. For most appeals against a sentence the period is commonly 60 days to the High Court and 30 days to other courts, and appeals against acquittal follow separate periods. Verify the period for the appeal in question.
Which Code applies to a case that began before July 2024?
The BNSS came into force on 1 July 2024. Proceedings that began earlier may continue under the Code of Criminal Procedure, 1973, according to the saving provisions of the BNSS, so check which Code governs the case.
Official references
- India Code, for the text of Central Acts
- Supreme Court of India
- Official website and rules of the High Court concerned
- How to find the right High Court