Section 417 BNSS: No appeal in petty cases

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 417 BNSS at a Glance

Section 417 BNSS deals with no appeal in petty cases. It replaced Section 376 CrPC on 1 July 2024.

Was CrPC

Section 417 BNSS Bare Act Text

417. No appeal in petty cases
Notwithstanding anything in section 415, there shall be no appeal by a convicted person in any of the following cases, namely:—
(a) where a High Court passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine;
(b) where a Court of Session passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine;
(c) where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees; or
(d) where, in a case tried summarily, a Magistrate empowered to act under section 283 passes only a sentence of fine not exceeding two hundred rupees:
Provided that an appeal may be brought against any such sentence if any other punishment is combined with it, but such sentence shall not be appealable merely on the ground—
(i) that the person convicted is ordered to furnish security to keep the peace; or
(ii) that a direction for imprisonment in default of payment of fine is included in the sentence; or
(iii) that more than one sentence of fine is passed in the case, if the total amount of fine imposed does not exceed the amount hereinbefore specified in respect of the case.

Source: Section 417, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 417 BNSS in Simple Words

Section 417 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies notwithstanding Section 415 BNSS.

It says there shall be no appeal by a convicted person where a High Court, a Court of Session, a Magistrate of the first class, or a Magistrate empowered to act under Section 283 BNSS in a case tried summarily passes only a sentence within the amounts that Section 417 BNSS names for that court.

A proviso says an appeal may be brought against any such sentence if any other punishment is combined with it.

When Section 417 BNSS Applies

Under Section 417(a) BNSS, there shall be no appeal by a convicted person where a High Court passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine.
Under Section 417(b) BNSS, there shall be no appeal by a convicted person where a Court of Session passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine.
Under Section 417(c) BNSS, there shall be no appeal by a convicted person where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees.
Under Section 417(d) BNSS, there shall be no appeal by a convicted person where, in a case tried summarily, a Magistrate empowered to act under Section 283 BNSS passes only a sentence of fine not exceeding two hundred rupees.
The proviso to Section 417 BNSS says that an appeal may be brought against any such sentence if any other punishment is combined with it.
The proviso to Section 417 BNSS says that such a sentence shall not be appealable merely on the ground that the person convicted is ordered to furnish security to keep the peace, or that a direction for imprisonment in default of payment of fine is included in the sentence.

Time Limits Under Section 417 BNSS

Section 417(a) BNSS speaks of a High Court sentence of imprisonment for a term not exceeding three months.Act text: “where a High Court passes only a sentence of imprisonment for a term not exceeding three months”
Section 417(b) BNSS speaks of a Court of Session sentence of imprisonment for a term not exceeding three months.Act text: “a Court of Session passes only a sentence of imprisonment for a term not exceeding three months”

Example of Section 417 BNSS

Meera is convicted by a Court of Session. The Court of Session passes only a sentence of imprisonment for three months and a fine of two hundred rupees, and the sentence includes a direction for imprisonment in default of payment of fine. Meera wishes to appeal. Section 417(b) BNSS says there shall be no appeal by a convicted person where a Court of Session passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine. Under the proviso to Section 417 BNSS, the sentence is not appealable merely on the ground that a direction for imprisonment in default of payment of fine is included in it.

When Section 417 BNSS Does Not Apply

Section 417 BNSS speaks of an appeal by a convicted person. It does not deal with an appeal by the State Government against sentence on the ground of its inadequacy, the subject of Section 418 BNSS.
Section 417 BNSS speaks of a convicted person. It does not deal with an appeal in case of acquittal, the subject of Section 419 BNSS.

Section 417 BNSS in the CrPC (Previous Law)

Section 417 BNSS replaces Section 376 CrPC from the old criminal code.

From 1 July 2024, Section 417 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 376 of the Code of Criminal Procedure, 1973, with the same heading. Section 417(a) BNSS reads imprisonment for a term not exceeding three months where Section 376(a) CrPC read imprisonment for a term not exceeding six months. Section 417(b) BNSS reads a Court of Session where Section 376(b) CrPC read a Court of Session or a Metropolitan Magistrate. Section 417 BNSS refers to Section 415 BNSS where Section 376 CrPC referred to Section 374 CrPC, and Section 417(d) BNSS refers to Section 283 BNSS where Section 376(d) CrPC referred to Section 260 CrPC. The other words of Section 417 BNSS, including the amounts of fine and the proviso, are the same as in Section 376 CrPC.

View CrPC Section 376 →

FAQs on Section 417 BNSS

When does Section 417 BNSS say there shall be no appeal against a sentence of a High Court or a Court of Session?▼

Notwithstanding Section 415 BNSS, Section 417(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 says there shall be no appeal by a convicted person where a High Court passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine. Section 417(b) BNSS says there shall be no appeal where a Court of Session passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine.

What does Section 417 BNSS say about a Magistrate of the first class and a case tried summarily?▼

Section 417(c) of the Bharatiya Nagarik Suraksha Sanhita, 2023 says there shall be no appeal by a convicted person where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees. Section 417(d) BNSS says the same where, in a case tried summarily, a Magistrate empowered to act under Section 283 BNSS passes only a sentence of fine not exceeding two hundred rupees.

What does the proviso to Section 417 BNSS say about an appeal against such a sentence?▼

The proviso to Section 417 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that an appeal may be brought against any such sentence if any other punishment is combined with it. It also says such a sentence shall not be appealable merely on the ground that the person convicted is ordered to furnish security to keep the peace, that a direction for imprisonment in default of payment of fine is included in the sentence, or that more than one sentence of fine is passed in the case, if the total amount of fine imposed does not exceed the amount hereinbefore specified in respect of the case.

What changed from Section 376 CrPC to Section 417 BNSS from 1 July 2024?▼

From 1 July 2024, Section 417 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 376 of the Code of Criminal Procedure, 1973. Section 417 BNSS has the same heading. Section 417(a) BNSS reads imprisonment for a term not exceeding three months where Section 376(a) CrPC read imprisonment for a term not exceeding six months. Section 417(b) BNSS reads where a Court of Session passes only a sentence of imprisonment where Section 376(b) CrPC read where a Court of Session or a Metropolitan Magistrate passes only a sentence of imprisonment. Section 417 BNSS refers to Section 415 BNSS where Section 376 CrPC referred to Section 374 CrPC, and Section 417(d) BNSS refers to Section 283 BNSS where Section 376(d) CrPC referred to Section 260 CrPC.

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