Quick answer: A criminal appeal under BNSS lets a convicted person challenge a conviction or sentence under Sections 413–435 of the Bharatiya Nagarik Suraksha Sanhita, 2023. You appeal to the Sessions Court against a Magistrate’s judgment and to the High Court against a Sessions judgment, usually within 30 or 60 days.
A conviction does not end a criminal case. The law gives you a right to test the trial court’s findings before a higher court. This guide explains the criminal appeal under BNSS: who can appeal, which court hears it, the deadlines, bail pending appeal and the latest rulings.
The BNSS replaced the CrPC on 1 July 2024. Chapter XXXI now governs appeals, with new section numbers.
Key BNSS Provisions on Criminal Appeals
- Section 413 (old Section 372 CrPC): an appeal lies only where the law provides one.
- Section 415 (old Section 374): the appeal against conviction and the correct forum.
- Sections 418 and 419 (old Sections 377–378): State appeals against inadequate sentence and against acquittal.
- Section 427 (old Section 386): the appellate court’s powers.
- Section 430 (old Section 389): suspension of sentence and bail pending appeal.
Which Court Hears a Criminal Appeal Under BNSS?
Section 415 decides the forum. If a Magistrate convicts you, you appeal to the Court of Session. If a Sessions Judge convicts you, or a court imposes more than seven years, you go to the High Court. Against a High Court’s original-side conviction, you approach the Supreme Court.
Under Section 415(4), courts must decide sexual-offence appeals within six months.
Time Limit to File a Criminal Appeal
The BNSS itself sets no deadline. Instead, Article 115 of the Limitation Act, 1963 applies:
- 30 days against a death sentence;
- 60 days for any other appeal to the High Court;
- 30 days for an appeal to any other court, such as the Sessions Court.
Time runs from the date of sentence. Section 12 of the Limitation Act excludes the time you spend obtaining a certified copy. If you miss the deadline, you can seek condonation of delay under Section 5 by showing sufficient cause.
How to File a Criminal Appeal: Step by Step
- Get the certified copy of the judgment and sentence order without delay.
- Identify the forum under Section 415 and check the limitation period.
- Draft the memorandum of appeal with clear grounds, such as misread evidence or a harsh sentence.
- Attach the judgment copy, as Section 423 requires. A jailed appellant can submit the appeal through the jail officer under Section 424.
- Apply for suspension of sentence and bail under Section 430 along with the appeal.
- Argue admission. Section 425 lets the court summarily dismiss a weak appeal.
Bail and Suspension of Sentence Pending Appeal
Section 430 allows the appellate court to suspend the sentence and release you on bail, with written reasons. For offences carrying death, life or ten years or more, the court must first give the Public Prosecutor a chance to oppose in writing. The trial court can also grant short bail to file the appeal when the sentence is three years or less.
Key Case Law on Criminal Appeals
- Chhotelal Yadav v. State of Jharkhand (Supreme Court, 10 November 2025): the Court set aside cryptic High Court orders suspending life sentences. It held that a convict must show a very gross error that makes acquittal a strong possibility.
- M/s Celestium Financial v. A. Gnanasekaran (2025 INSC 804): a cheque-bounce complainant counts as a “victim”. Therefore, it can appeal an acquittal in its own right without special leave.
- Shivdhar Upadhyay v. Union of India (Delhi High Court, Division Bench, 2026): the Court upheld the victim’s right to appeal under Section 413 BNSS without leave. It rejected a constitutional challenge to the proviso.
- Subhas Chandra Sarkar v. State of West Bengal (2026 INSC 1052, 22 September 2026): a victim’s appeal against a Magistrate’s acquittal lies to the Sessions Court, not the High Court.
If the High Court dismisses your appeal, you can still file a special leave petition before the Supreme Court. Our civil and criminal litigation team handles appeals from trial courts to the Supreme Court.
Frequently Asked Questions
What is the time limit for a criminal appeal under BNSS?
Article 115 of the Limitation Act gives 60 days for High Court appeals and 30 days for Sessions Court appeals. Death-sentence appeals carry a 30-day limit.
Can the appellate court increase my sentence?
Yes, but only after it gives you a fair chance to oppose the enhancement. Section 427 sets out this safeguard.
Do I have to stay in jail while my appeal is pending?
Not necessarily. The appellate court can suspend your sentence and grant bail under Section 430 BNSS.
Can a victim appeal against an acquittal?
Yes. The proviso to Section 413 BNSS lets a victim appeal an acquittal, a lesser conviction or inadequate compensation without seeking leave.
Can I appeal after pleading guilty?
Only on the extent or legality of the sentence. Section 416 bars a challenge to the conviction itself.
Lex Pleaders advises banks, NBFCs, businesses and individuals on criminal appeals, suspension of sentence, victim appeals and special leave petitions from trial courts to the Supreme Court. Write to us at lexpleadersindia@gmail.com to discuss your matter.
Disclaimer: This article offers general information only and does not constitute legal advice.
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November 8, 2026[…] your case involves a conviction, also compare your options with a regular appeal. Our guide on criminal appeals under BNSS explains time limits and bail pending […]