Section 413 BNSS: No appeal to lie unless otherwise provided
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 413 BNSS at a Glance
Section 413 BNSS deals with no appeal to lie unless otherwise provided. It replaced Section 372 CrPC on 1 July 2024.
Section 413 BNSS Bare Act Text
413. No appeal to lie unless otherwise provided
No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:
Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.
Source: Section 413, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 413 BNSS in Simple Words
Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023 sets out the rule that no appeal shall lie from any judgment or order of a Criminal Court unless the Sanhita or another law for the time being in force provides for it.
A party cannot appeal a criminal judgment or order without specific statutory authority.
However, the proviso to Section 413 BNSS gives a victim the right to prefer an appeal against an order acquitting the accused, convicting for a lesser offence, or imposing inadequate compensation, before the Court that ordinarily hears conviction appeals from that Court.
When Section 413 BNSS Applies
- Under Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023, no appeal shall lie from a judgment or order of a Criminal Court unless a provision in the Sanhita or another law in force authorises that appeal.
- The proviso to Section 413 BNSS states that a victim shall have a right to appeal against a Court order that acquits the accused or convicts the accused only of a lesser offence.
- Under the proviso to Section 413 BNSS, a victim also has the right to appeal against a Court order that imposes inadequate compensation.
- A victim filing an appeal under the proviso to Section 413 BNSS must bring it before the Court where an appeal shall ordinarily lie against an order of conviction of the Court that passed the order.
Example of Section 413 BNSS
When Section 413 BNSS Does Not Apply
- Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply where the judgment or order sought to be appealed is not passed by a Criminal Court.
- The right to prefer an appeal under the proviso to Section 413 BNSS does not apply to a person who is not the victim.
- The appeal right under the proviso to Section 413 BNSS does not apply when the order passed by the Court does not acquit the accused, convict for a lesser offence, or impose inadequate compensation.
Section 413 BNSS in the CrPC (Previous Law)
Section 413 BNSS replaces Section 372 CrPC from the old criminal code.
Section 372 of the Code of Criminal Procedure, 1973 became Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Comparing the texts shows that the legal rule is unchanged in substance. The only differences between Section 372 CrPC and Section 413 BNSS are the renumbering of the section and the substitution of the word Sanhita for the word Code in the main clause. Both of these are changes of form. The general bar on appeals unless provided by law and the entire proviso governing the right of a victim to prefer an appeal are word for word the same.
View CrPC Section 372 →FAQs on Section 413 BNSS
Can a party appeal any judgment or order of a Criminal Court under Section 413 BNSS?▼
No, an appeal does not lie as a matter of course. Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that no appeal shall lie from any judgment or order of a Criminal Court except as provided for by the Sanhita or by any other law for the time being in force. A party may bring an appeal only where a provision of the Sanhita or another law in force grants that right.
What orders can a victim appeal under the proviso to Section 413 BNSS?▼
The proviso to Section 413 BNSS states that the victim shall have a right to prefer an appeal against specific orders passed by the Court. A victim may appeal against an order acquitting the accused, an order convicting the accused for a lesser offence, or an order imposing inadequate compensation. The proviso does not grant a victim a right to appeal outside these categories.
To which Court does a victim appeal under Section 413 BNSS?▼
Under the proviso to Section 413 BNSS, an appeal preferred by a victim shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court. This means the victim files the appeal in the same appellate Court that hears regular appeals against conviction orders passed by that Court, whether the appeal challenges an acquittal, a conviction for a lesser offence, or inadequate compensation.
What changed from Section 372 CrPC to Section 413 BNSS from 1 July 2024?▼
Section 413 BNSS replaced Section 372 of the Code of Criminal Procedure, 1973 from 1 July 2024. The rule is unchanged in substance. The renumbering of the provision from Section 372 CrPC to Section 413 BNSS and the replacement of the word Code with the word Sanhita are changes of form only. Both the general rule barring appeals unless provided by law and the proviso giving the victim a right to appeal remain identical.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·