Appeal section 413 to 419, power of appellate court - unit 4
Section 413: No Appeal Unless Otherwise Provided - This section states that no appeal shall lie
from any judgment or order of a Criminal Court except as provided for by the BNSS or any other
prevailing law. However, victims have the inherent right to appeal against orders acquitting the
accused, convicting for a lesser offense, or imposing inadequate compensation.
Section 414: Appeal from Orders Requiring Security or Refusal to Accept or Rejecting Surety
for Keeping Peace or Good Behaviour This section allows appeals from orders that require
security or refuse to accept or reject surety for keeping peace or good behaviour. It ensures that
individuals have the right to challenge such orders if they believe them to be unjust.
Section 415: Appeals from Conviction- This section outlines the scenarios in which an appeal
may be made directly to the Supreme Court. It specifies the conditions under which appeals from
convictions can be made, ensuring that individuals have a clear path to challenge convictions.
Section 416: No Appeal in Certain Cases When Accused Pleads Guilty -No appeal shall lie in
cases where the accused has pleaded guilty, except as to the extent or legality of the sentence.
This ensures that the legal process is respected while allowing for appeals in cases where the
sentence may be deemed inappropriate.
Section 417: No Appeal in Petty Cases -This section imposes certain limitations on the right to
appeal, categorically specifying cases where no appeal lies. It includes petty cases where the
sentence does not exceed a specified limit, ensuring that the judicial system is not burdened with
minor cases.
Section 418: Appeal by State Government Against Sentence - This section allows the State
Government to appeal against a sentence on the ground of its inadequacy. It ensures that the
state can seek a review of sentences that are perceived to be too lenient.
Section 419: Appeal in Case of Acquittal - This section provides for appeals in cases of
acquittal. The District Magistrate may direct the Public Prosecutor to present an appeal to the
Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and
non-bailable offence. The State Government may direct the Public Prosecutor to present an
appeal to the High Court from an original or appellate order of acquittal passed by any Court
other than a High Court.
Relevant Case Laws
In State of Maharashtra v. Praful B. Desai (2003) 4 SCC 601, the Supreme Court
emphasized that clear and precise charges are crucial for ensuring a fair trial. The Court ruled
that charges must be framed with clarity, specifying the exact nature of the offense and the facts
that constitute it.
In Kehar Singh v. State (Delhi Administration) (1988) 3 SCC 609, the Supreme
Court stressed the importance of providing detailed particulars in the charge to ensure
the accused fully understands the allegations against them. This helps uphold the
principle of a fair trial by informing the accused of the specific nature of the charges.
In State of Punjab v. Davinder Pal Singh Bhullar (2011) 14 SCC 770, the Supreme
Court emphasized that charges must clearly detail the manner in which the offense
was committed to ensure the accused understands the specific allegations. This clarity
is essential for providing the accused a fair opportunity to defend themselves during the
trial.
