Criminal appeal and criminal revision format under the BNSS
A person convicted by a criminal court can appeal under Section 415 BNSS (formerly Section 374 CrPC) and ask for suspension of sentence and bail pending the appeal under Section 430 BNSS (formerly Section 389 CrPC). Orders that are not appealable can be challenged in revision under Section 438 BNSS (formerly Section 397 CrPC).
Key points
- Appeal from conviction: Section 415 BNSS (374 CrPC); limitation 60 days to the High Court and 30 days to other courts (Article 115, Limitation Act).
- Suspension of sentence pending appeal: Section 430 BNSS (389 CrPC).
- Revision: Section 438 BNSS (397 CrPC), within 90 days (Article 131).
The law: old and new provisions
| Subject | Law now | Before 1 July 2024 |
|---|---|---|
| Appeal from conviction | Section 415 BNSS | Section 374 CrPC |
| Suspension of sentence pending appeal | Section 430 BNSS | Section 389 CrPC |
| Revision | Section 438 BNSS | Section 397 CrPC |
Which court or authority
The Court of Session or the High Court, depending on the trial court and sentence.
What the document should contain
- Details of the judgment and sentence
- Grounds of appeal
- Application for suspension of sentence and bail
- Application for condonation of delay, if late
Documents to attach
- Certified copy of the judgment and order on sentence
- Custody certificate
Procedure
- Obtain certified copies
- File the appeal with an application under Section 430
- Admission; bail pending appeal; hearing
Common mistakes
- Citing the CrPC sections for a judgment in a case that began after 1 July 2024
- No custody certificate with the suspension application
Frequently asked questions
What replaced Section 389 CrPC?
Section 430 of the BNSS (suspension of sentence pending appeal; release on bail).