ClauseFlow

Criminal appeal and criminal revision format under the BNSS

Guide · Last verified against the bare Acts on 2026-11-09

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

The law: old and new provisions

SubjectLaw nowBefore 1 July 2024
Appeal from convictionSection 415 BNSSSection 374 CrPC
Suspension of sentence pending appealSection 430 BNSSSection 389 CrPC
RevisionSection 438 BNSSSection 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

Documents to attach

Procedure

  1. Obtain certified copies
  2. File the appeal with an application under Section 430
  3. Admission; bail pending appeal; hearing

Common mistakes

Frequently asked questions

What replaced Section 389 CrPC?

Section 430 of the BNSS (suspension of sentence pending appeal; release on bail).

Criminal Appeal and Revision formats in the library (7)

Related guides

This guide summarises the law for advocates and is not legal advice. Statutes and court rules change: check the current text before filing.