Section 434 BNSS: Finality of Judgments and Orders on Appeal
Section 434 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) states the general rule that a judgment or order passed by an Appellate Court on an appeal is final. The section also expressly preserves specified statutory exceptions, including certain appeals relating to inadequacy of sentence, acquittal, summary dismissal, and the powers of reference and revision.
Applicability: The BNSS, 2023 (Act 46 of 2023) generally came into force on 1 July 2024. However, Section 531 contains repeal and savings provisions. An appeal, application, trial, inquiry, or investigation that was pending immediately before commencement is to continue under the Code of Criminal Procedure, 1973, as if the BNSS had not come into force.
Text of Section 434 BNSS
Judgments and orders passed by an Appellate Court upon an appeal shall be final, except in the cases provided for in section 418, section 419, sub-section (4) of section 425 or Chapter XXXII:
Provided that notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits,-
(a) an appeal against acquittal under section 419, arising out of the same case; or
(b) an appeal for the enhancement of sentence under section 418, arising out of the same case.
Meaning and effect of Section 434
The central rule is finality: once an Appellate Court has decided an appeal, its judgment or order is treated as final within the ordinary appellate framework. Section 434 nevertheless makes clear that this finality is not absolute. It is subject to the exceptions expressly identified in the section and to the reference and revision jurisdiction contained in Chapter XXXII of the BNSS.
In practical terms, the provision prevents the final disposal of one appeal from automatically blocking another statutorily maintainable proceeding arising from the same case. The proviso specifically addresses situations where an appeal against conviction has already been finally disposed of but an appeal against acquittal or an appeal seeking enhancement of sentence remains to be decided.
Exceptions expressly preserved by Section 434
| Provision | Subject | Relevance to Section 434 |
|---|---|---|
| Section 418 BNSS | Appeal by State Government against sentence | Preserves an appeal based on inadequacy of sentence and permits enhancement subject to the statutory safeguards. |
| Section 419 BNSS | Appeal in case of acquittal | Preserves the statutory right to challenge an acquittal where the conditions of Section 419 are met. |
| Section 425(4) BNSS | Summary dismissal of appeal | Section 434 expressly makes finality subject to the exception contained in sub-section (4) of Section 425. |
| Chapter XXXII BNSS | Reference and revision | The powers of reference and revision remain available where the BNSS permits their exercise. |
What the proviso to Section 434 does
The proviso begins with a non-obstante expression and allows the Appellate Court to decide specified connected appeals on their merits even after an appeal against conviction in the same case has been finally disposed of. The two categories expressly mentioned are:
(a) an appeal against acquittal under Section 419 arising out of the same case; and
(b) an appeal for enhancement of sentence under Section 418 arising out of the same case.
Key point: Section 434 creates finality, but not at the cost of defeating a separate appeal that the BNSS itself authorizes in relation to the same criminal case.
Corresponding CrPC provision and transition to BNSS
Section 434 BNSS corresponds to Section 393 of the Code of Criminal Procedure, 1973, which dealt with the finality of judgments and orders on appeal. The BNSS has replaced the CrPC for proceedings governed by the new law, subject to the savings contained in Section 531 BNSS.
For a proceeding that was already pending immediately before 1 July 2024, the transition rule in Section 531 should be checked before applying the BNSS provision. This is important because the date on which the underlying appeal, application, trial, inquiry, or investigation was pending can determine whether the CrPC or BNSS governs continuation of the proceeding.
Last reviewed: 12 September 2026. Readers should verify the current statutory text and any subsequent amendment or binding judicial interpretation before relying on this page for a specific case.