Section 416 BNSS: No appeal in certain cases when accused pleads guilty

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 416 BNSS at a Glance

Section 416 BNSS deals with no appeal in certain cases when accused pleads guilty. It replaced Section 375 CrPC on 1 July 2024.

Was CrPC

Section 375 →

Section 416 BNSS Bare Act Text

416. No appeal in certain cases when accused pleads guilty

Notwithstanding anything in section 415, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal,—

(i) if the conviction is by a High Court; or

(ii) if the conviction is by a Court of Session or Magistrate of the first or second class, except as to the extent or legality of the sentence.

Source: Section 416, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 416 BNSS in Simple Words

Section 416 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies notwithstanding Section 415 BNSS.

Where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal if the conviction is by a High Court.

If the conviction is by a Court of Session or Magistrate of the first or second class, there shall be no appeal except as to the extent or legality of the sentence.

When Section 416 BNSS Applies

  • Section 416 of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of an accused person who has pleaded guilty and has been convicted on such plea.
  • Section 416 BNSS applies notwithstanding Section 415 BNSS.
  • Under Section 416(i) BNSS, where the conviction on that plea is by a High Court, there shall be no appeal.
  • Under Section 416(ii) BNSS, where the conviction on that plea is by a Court of Session or Magistrate of the first or second class, there shall be no appeal except as to the extent or legality of the sentence.

Example of Section 416 BNSS

Suresh is tried before a Court of Session. Suresh pleads guilty to the charge, and the Court of Session convicts Suresh on that plea and passes a sentence. Suresh wishes to appeal against the conviction and against the sentence. Section 416 BNSS applies notwithstanding Section 415 BNSS. Under Section 416(ii) BNSS, there shall be no appeal in Suresh's case except as to the extent or legality of the sentence.

When Section 416 BNSS Does Not Apply

  • Section 416 BNSS speaks of a conviction on a plea of guilty. It does not deal with an appeal in case of acquittal, the subject of Section 419 BNSS.
  • Section 416 BNSS speaks of a conviction on a plea of guilty. It does not deal with petty cases, the subject of Section 417 BNSS.

Section 416 BNSS in the CrPC (Previous Law)

Section 416 BNSS replaces Section 375 CrPC from the old criminal code.

From 1 July 2024, Section 416 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 375 of the Code of Criminal Procedure, 1973, with the same heading. Section 416(ii) BNSS reads a Court of Session or Magistrate of the first or second class where Section 375(b) CrPC read a Court of Session, Metropolitan Magistrate or Magistrate of the first or second class. Section 416 BNSS refers to Section 415 BNSS where Section 375 CrPC referred to Section 374 CrPC. The clauses of Section 375(a) CrPC and Section 375(b) CrPC are found in Section 416(i) BNSS and Section 416(ii) BNSS.

View CrPC Section 375 →

FAQs on Section 416 BNSS

Can an accused person appeal after pleading guilty under Section 416 BNSS?▼

Section 416 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that, notwithstanding Section 415 BNSS, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal if the conviction is by a High Court. If the conviction is by a Court of Session or Magistrate of the first or second class, there shall be no appeal except as to the extent or legality of the sentence.

What does Section 416(i) BNSS say about a High Court conviction on a plea of guilty?▼

Section 416(i) of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal if the conviction is by a High Court. The words except as to the extent or legality of the sentence are in Section 416(ii) BNSS, not in Section 416(i) BNSS.

Which courts does Section 416(ii) BNSS name?▼

Section 416(ii) of the Bharatiya Nagarik Suraksha Sanhita, 2023 names a Court of Session or Magistrate of the first or second class. Where the conviction on a plea of guilty is by one of those courts, there shall be no appeal except as to the extent or legality of the sentence.

What changed from Section 375 CrPC to Section 416 BNSS from 1 July 2024?▼

From 1 July 2024, Section 416 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 375 of the Code of Criminal Procedure, 1973. Section 416 BNSS has the same heading. Section 416(ii) BNSS reads a Court of Session or Magistrate of the first or second class where Section 375(b) CrPC read a Court of Session, Metropolitan Magistrate or Magistrate of the first or second class. Section 416 BNSS refers to Section 415 BNSS where Section 375 CrPC referred to Section 374 CrPC. The clauses of Section 375(a) CrPC and Section 375(b) CrPC are found in Section 416(i) BNSS and Section 416(ii) BNSS.

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·