Section 415 BNSS: Appeals from convictions
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 415 BNSS at a Glance
Section 415 BNSS deals with appeals from convictions. It replaced Section 374 CrPC on 1 July 2024.
Section 415 BNSS Bare Act Text
(1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.
(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years has been passed against him or against any other person convicted at the same trial, may appeal to the High Court.
(3) Save as otherwise provided in sub-section (2), any person,—
(a) convicted on a trial held by Magistrate of the first class, or of the second class; or
(b) sentenced under section 364; or
(c) in respect of whom an order has been made or a sentence has been passed under section 401 by any Magistrate, may appeal to the Court of Session.
(4) When an appeal has been filed against a sentence passed under section 64, section 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023, the appeal shall be disposed of within a period of six months from the date of filing of such appeal.
Source: Section 415, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 415 BNSS in Simple Words
Section 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023 names the Court to which a convicted person may appeal. Under Section 415(1) BNSS, any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court. Under Section 415(2) BNSS, any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge may appeal to the High Court. The same appeal lies to the High Court from a trial held by any other Court in which a sentence of imprisonment for more than seven years has been passed.
That sentence may have been passed against the convicted person or against any other person convicted at the same trial. Except as otherwise provided in Section 415(2) BNSS, Section 415(3) BNSS allows an appeal to the Court of Session in the cases listed next. Under Section 415(3)(a) BNSS, the appeal lies for a person convicted on a trial held by a Magistrate of the first class or of the second class. Under Section 415(3)(b) BNSS, it lies for a person sentenced under section 364.
Under Section 415(3)(c) BNSS, it lies for a person in respect of whom any Magistrate has made an order or passed a sentence under section 401. Section 415(4) BNSS covers an appeal filed against a sentence passed under section 64, 65, 66, 67, 68, 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023. That appeal shall be disposed of within a period of six months from the date of filing of the appeal.
When Section 415 BNSS Applies
- A person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court under Section 415(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- A person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge may appeal to the High Court under Section 415(2) BNSS.
- A person convicted on a trial held by any other Court may appeal to the High Court under Section 415(2) BNSS when a sentence of imprisonment for more than seven years has been passed against that person or against any other person convicted at the same trial.
- Save as otherwise provided in Section 415(2) BNSS, a person convicted on a trial held by a Magistrate of the first class or of the second class may appeal to the Court of Session under Section 415(3)(a) BNSS.
- Save as otherwise provided in Section 415(2) BNSS, a person sentenced under Section 364 BNSS may appeal to the Court of Session under Section 415(3)(b) BNSS.
- Save as otherwise provided in Section 415(2) BNSS, a person in respect of whom any Magistrate has made an order or passed a sentence under Section 401 BNSS may appeal to the Court of Session under Section 415(3)(c) BNSS.
Time Limits Under Section 415 BNSS
- An appeal filed against a sentence passed under Section 64, Section 65, Section 66, Section 67, Section 68, Section 70, or Section 71 of the Bharatiya Nyaya Sanhita, 2023 shall be disposed of within a period of six months from the date of filing under Section 415(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023.Act text: “the appeal shall be disposed of within a period of six months from the date of filing of such appeal.”
Example of Section 415 BNSS
When Section 415 BNSS Does Not Apply
- An appeal to the Supreme Court under Section 415(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not lie unless the person was convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction.
- On a trial held by a Court other than a High Court, a Sessions Judge, or an Additional Sessions Judge, an appeal to the High Court under Section 415(2) BNSS does not lie if no sentence of imprisonment for more than seven years has been passed against the convicted person or against any other person convicted at the same trial.
- An appeal to the Court of Session under Section 415(3) BNSS does not apply where the appeal is otherwise provided for in Section 415(2) BNSS.
- The six-month disposal period in Section 415(4) BNSS does not apply when the appeal is not filed against a sentence passed under Section 64, Section 65, Section 66, Section 67, Section 68, Section 70, or Section 71 of the Bharatiya Nyaya Sanhita, 2023.
Section 415 BNSS in the CrPC (Previous Law)
Section 415 BNSS replaced Section 374 CrPC from 1 July 2024.
Section 374 of the Code of Criminal Procedure, 1973 became Section 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The rules governing appeals to the Supreme Court in Section 415(1) BNSS and to the High Court in Section 415(2) BNSS are unchanged. In Section 415(3)(a) BNSS, the reference to trials held by a Metropolitan Magistrate or an Assistant Sessions Judge was removed, leaving trials held by a Magistrate of the first class or of the second class. The remaining changes are of form, updating cross-references to Section 364 BNSS, Section 401 BNSS, and the Bharatiya Nyaya Sanhita, 2023.
Each sub-section below names its own source.
FAQs on Section 415 BNSS
When may a convicted person appeal to the Supreme Court or the High Court under Section 415 BNSS?▼
Section 415(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 lets a person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction appeal to the Supreme Court. Under Section 415(2) BNSS, a person convicted by a Sessions Judge, an Additional Sessions Judge, or any other Court in which a sentence of imprisonment for more than seven years has been passed against that person or any other person convicted at the same trial may appeal to the High Court.
When does an appeal from a conviction go to the Court of Session under Section 415(3) BNSS?▼
Save as otherwise provided in Section 415(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 415(3) BNSS provides for appeals to the Court of Session. A person may appeal there if convicted on a trial held by a Magistrate of the first class or of the second class. An appeal also lies if the person is sentenced under Section 364 BNSS, or if any Magistrate makes an order or passes a sentence in respect of that person under Section 401 BNSS.
Which appeals must be disposed of within six months under Section 415(4) BNSS?▼
Under Section 415(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023, an appeal shall be disposed of within a period of six months from the date of filing when it is filed against a sentence passed under Section 64, Section 65, Section 66, Section 67, Section 68, Section 70, or Section 71 of the Bharatiya Nyaya Sanhita, 2023. Section 415 BNSS does not prescribe a six-month disposal deadline for appeals against sentences passed under other provisions.
What changed from Section 374 CrPC to Section 415 BNSS from 1 July 2024?▼
In Section 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the rules in Section 415(1) BNSS and Section 415(2) BNSS for appeals to the Supreme Court and the High Court are unchanged. In Section 415(3)(a) BNSS, the reference to trials held by a Metropolitan Magistrate or an Assistant Sessions Judge was omitted, leaving trials held by a Magistrate of the first class or of the second class. Section 415(3)(b), Section 415(3)(c), and Section 415(4) BNSS update the cross-references to Section 364 BNSS, Section 401 BNSS, and the Bharatiya Nyaya Sanhita, 2023.
Section 415 BNSS: Sub-sections Explained
Section 415(1) BNSS: Appeals from convictions
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Bare Act Text
(1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.
Section 415(2) BNSS: Appeals from convictions
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Bare Act Text
(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years has been passed against him or against any other person convicted at the same trial, may appeal to the High Court.
Section 415(3) BNSS: Appeals from convictions
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Bare Act Text
(3) Save as otherwise provided in sub-section (2), any person,—
(a) convicted on a trial held by Magistrate of the first class, or of the second class; or
(b) sentenced under section 364; or
(c) in respect of whom an order has been made or a sentence has been passed under section 401 by any Magistrate, may appeal to the Court of Session.
Section 415(4) BNSS: Appeals from convictions
▶
Bare Act Text
(4) When an appeal has been filed against a sentence passed under section 64, section 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023, the appeal shall be disposed of within a period of six months from the date of filing of such appeal.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·