Section 421 BNSS - Special Right of Appeal in Certain Cases

Section 421 of the Bharatiya Nagarik Suraksha Sanhita, 2023 creates a special right of appeal for persons convicted together in the same trial when an appealable judgment or order has been passed in respect of any one of them.

Text of Section 421 BNSS

421. Special right of appeal in certain cases. Notwithstanding anything in this Chapter, when more persons than one are convicted in one trial, and an appealable judgment or order has been passed in respect of any of such persons, all or any of the persons convicted at such trial shall have a right of appeal.

Meaning and scope of Section 421

The provision applies where two or more persons are convicted in the same trial. If the judgment or order is appealable in respect of at least one convicted person, Section 421 extends a right of appeal to all or any of the persons convicted in that trial.

The opening words, "Notwithstanding anything in this Chapter", give the section overriding effect over other provisions in the same chapter dealing with appeals. The provision is therefore intended to avoid a situation in which co-convicts from the same trial are placed in materially different positions merely because the ordinary appeal provisions operate differently in relation to their respective convictions or sentences.

Essential conditions

There must be more than one person convicted.
The convictions must arise from the same trial.
An appealable judgment or order must have been passed in respect of at least one of the convicted persons.
Once these conditions are satisfied, all or any of the persons convicted in that trial have a right of appeal under Section 421.

Why the provision is important

Criminal cases involving several accused may result in different convictions, sentences, or appeal consequences for different persons. Section 421 provides a common statutory route to appeal where an appealable judgment or order exists for any convicted person from the same trial. This helps preserve consistency in appellate scrutiny of findings arising from one common proceeding.

BNSS commencement

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. The Central Government appointed 1 July 2024 as the date on which the Sanhita came into force, subject to the exception stated in the commencement notification.

Practical note: The availability, forum, form, limitation period, and procedure of an appeal may also depend on other provisions of the BNSS and the facts of the particular case. Section 421 should therefore be read with the surrounding appellate provisions.

Related BNSS appeal provisions

The following provisions continue the statutory scheme for criminal appeals: