Bharatiya Nagarik Suraksha Sanhita, 2023

Section 420 BNSS: Appeal against conviction by High Court in certain cases

Section 420 of the Bharatiya Nagarik Suraksha Sanhita, 2023 creates a right of appeal to the Supreme Court in a specific class of criminal cases where a High Court reverses an acquittal, records a conviction, and imposes a sufficiently serious sentence.

On this page Text of Section 420 BNSS Meaning and scope Conditions for appeal Earlier CrPC provision Practical effect Frequently asked questions

Text of Section 420 BNSS

420. Appeal against conviction by High Court in certain cases.

Where the High Court has, on appeal, reversed an order of acquittal of an accused person and convicted him and sentenced him to death or to imprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the Supreme Court.

Meaning of Section 420 BNSS

The provision applies when an accused person was acquitted at an earlier stage, but the High Court, while deciding an appeal against that acquittal, reverses the acquittal and convicts the accused. If the sentence imposed by the High Court is death, imprisonment for life, or imprisonment for a term of ten years or more, Section 420 permits an appeal to the Supreme Court.

This is different from an ordinary challenge to a conviction. The section is narrowly framed around the combination of three events: an earlier acquittal, reversal of that acquittal by the High Court in appeal, and a sentence meeting the statutory threshold.

Conditions for an appeal under Section 420

1. Earlier acquittalThe accused must have been acquitted before the High Court dealt with the matter in appeal.

2. High Court reversalThe High Court must reverse that order of acquittal while exercising appellate jurisdiction.

3. Conviction by High CourtThe High Court must itself convict the accused after reversing the acquittal.

4. Sentence thresholdThe sentence must be death, life imprisonment, or imprisonment for ten years or more.

If these conditions are satisfied, the accused may appeal to the Supreme Court under Section 420. Questions concerning filing procedure, limitation, custody, suspension of sentence, bail, and Supreme Court practice are governed by the applicable procedural law and the Supreme Court Rules.

Corresponding provision under the earlier CrPC

Section 420 BNSS substantially carries forward the subject previously dealt with by Section 379 of the Code of Criminal Procedure, 1973. The BNSS came into force on 1 July 2024, subject to its repeal-and-savings provisions for matters governed by the earlier Code.

Important: The applicable procedural statute can depend on the date and stage of the proceeding. Section 531 BNSS contains the repeal and savings provisions. For a live case, the relevant record and procedural history should be examined before choosing the provision under which relief is sought.

Practical effect of Section 420

It protects an accused from having a serious conviction entered for the first time by the High Court after an earlier acquittal without access to a further statutory appeal in the cases covered by the section.
The sentence threshold is express: death, imprisonment for life, or imprisonment for ten years or more.
The High Court decision must arise from an appeal in which an acquittal is reversed. A case that does not meet this structure does not fall within the literal terms of Section 420.
Section 420 should be read with the surrounding provisions in Chapter XXXI of the BNSS dealing with criminal appeals.

Related BNSS appeal provisions

For the statutory context, see Section 419 BNSS - Appeal in case of acquittal, Section 415 BNSS - Appeals from convictions, and the other appeal provisions listed in the sidebar.

Frequently asked questions

Does every High Court conviction permit an appeal under Section 420 BNSS?

No. The provision specifically requires the High Court, on appeal, to reverse an earlier acquittal and then convict the accused, with the sentence also meeting the statutory threshold.

What sentence is required for Section 420 to apply?

The High Court must sentence the accused to death, imprisonment for life, or imprisonment for a term of ten years or more.

Which court hears the appeal?

The appeal contemplated by Section 420 lies to the Supreme Court of India.

What was the corresponding provision under the CrPC?

The corresponding subject was contained in Section 379 of the Code of Criminal Procedure, 1973.

This page provides general legal information and the statutory text for reference. Court rules, limitation requirements, case-specific facts, and later amendments or judgments should be checked before filing or relying on the provision in litigation.