CrPC 389 to BNSS 430: Suspension of sentence pending the appeal; release of appellant on bail
Section 389 CrPC (1973) replaced by Section 430 BNSS (2023)
CrPC 389 to BNSS 430 at a Glance
Section 389 CrPC (Suspension of sentence pending the appeal; release of appellant on bail) is now Section 430 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 389 to BNSS 430?
Section 389 of the Code of Criminal Procedure, 1973 became Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024 with only changes of form. Section 430(1) BNSS adds release on bail bond alongside personal bond, and its first proviso refers to release on personal bond or bail bond instead of release on bail or personal bond. This is a change of form because Section 2(1)(e) BNSS defines a bond as an undertaking for release without surety and Section 2(1)(d) BNSS defines a bail bond as an undertaking for release with surety. The remaining sub-sections are unchanged.
CrPC 389 vs BNSS 430: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 389 | 430 |
| Heading | Suspension of sentence pending the appeal; release of appellant on bail | Suspension of sentence pending appeal; release of appellant on bail |
| Sub-sections | 4 sub-sections | Same |
CrPC 389 and BNSS 430: Bare Act Text Side by Side
Section 389, CrPC 1973
Section 430, BNSS 2023
When It Applies: CrPC 389 vs BNSS 430
- While an appeal by a convicted person is pending, the Appellate Court may record its reasons in writing to suspend the execution of the sentence or order and release a confined appellant on bail or on personal bond under Section 389(1) of the Code of Criminal Procedure, 1973.
- When the conviction is for an offence punishable with death, imprisonment for life, or imprisonment for a term of not less than ten years, the Appellate Court shall give the Public Prosecutor an opportunity to show cause in writing against such release before releasing the convicted person on bail or on personal bond.
- Once a convicted person has been released on bail under Section 389(1) CrPC, the Public Prosecutor may apply to have that bail cancelled.
- The High Court may also exercise the suspension and release powers of an Appellate Court under Section 389(2) CrPC when a convicted person appeals to a Court subordinate to the High Court.
- When a convicted person who is already on bail satisfies the convicting Court of an intention to appeal, and either the prison sentence does not exceed three years or the offence is bailable, the convicting Court shall order release on bail unless there are special reasons for refusing bail.
- While an appeal by a convicted person is pending, the Appellate Court may record its reasons in writing to suspend the execution of the sentence or order appealed against and release a confined appellant on bail, or on personal bond or bail bond under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Before releasing on personal bond or bail bond a person convicted of an offence punishable with death, imprisonment for life, or imprisonment for a term of not less than ten years, the Appellate Court shall give the Public Prosecutor an opportunity to show cause in writing against such release.
- Where a convicted person is released on bail under Section 430(1) BNSS, the Public Prosecutor may file an application for the cancellation of that bail.
- The High Court may also exercise the Appellate Court powers under Section 430(2) BNSS when a convicted person appeals to a Court subordinate to the High Court.
- When a convicted person who is on bail satisfies the convicting Court of an intention to present an appeal, and either the prison sentence does not exceed three years or the offence is bailable, the convicting Court shall order release on bail unless there are special reasons for refusing bail.
Time Limits: CrPC 389 to BNSS 430
- Bail granted by the convicting Court under Section 389(3) of the Code of Criminal Procedure, 1973 runs for a period that gives the convicted person sufficient time to file the appeal and obtain orders from the Appellate Court under Section 389(1) CrPC, during which the prison sentence is deemed suspended.Act text: “for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court”
- If the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the period spent out of custody on bail or bond under Section 389 CrPC shall be left out when calculating the total term of imprisonment served.Act text: “the time during which he is so released shall be excluded in computing the term for which he is so sentenced”
- Bail ordered by the convicting Court under Section 430(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 remains in effect for a period that gives the convicted person sufficient time to present the appeal and obtain orders from the Appellate Court under Section 430(1) BNSS, and the sentence of imprisonment is deemed suspended during that release.Act text: “for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court”
- When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the period during which the appellant was released under Section 430 BNSS shall be excluded in computing the term of sentence.Act text: “the time during which he is so released shall be excluded in computing the term for which he is so sentenced”
What CrPC 389 to BNSS 430 Means in Practice
FAQs: CrPC 389 to BNSS 430
Did Section 430 BNSS change the conditions for suspending a sentence pending appeal?▼
No, the conditions for suspending a sentence pending appeal are unchanged between Section 389 of the Code of Criminal Procedure, 1973 and Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In both provisions, the Appellate Court may suspend the execution of the sentence or order appealed against after recording reasons in writing, and the convicting Court shall grant bail to a convicted person who is on bail, in bailable cases or where imprisonment does not exceed three years unless there are special reasons for refusing bail.
Why does Section 430(1) BNSS refer to both personal bond and bail bond?▼
Adding bail bond in Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and replacing on bail or on his own bond with on his own bond or bail bond in its first proviso are changes of form compared to Section 389(1) of the Code of Criminal Procedure, 1973. The update reflects that Section 2(1)(e) BNSS defines a bond as an undertaking for release without surety and Section 2(1)(d) BNSS defines a bail bond as an undertaking for release with surety.
Are the rules for the Public Prosecutor and for sentence calculation different under Section 430 BNSS?▼
No, the rules are unchanged between Section 389 of the Code of Criminal Procedure, 1973 and Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Appellate Court must still give the Public Prosecutor an opportunity to show cause in writing before releasing a person convicted of an offence punishable with death, imprisonment for life, or imprisonment for a term of not less than ten years, and the time spent released is still excluded when computing the sentence.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·