Section 418 BNSS: Appeal by State Government against sentence

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 418 BNSS at a Glance

Section 418 BNSS deals with appeal by State Government against sentence. It replaced Section 377 CrPC on 1 July 2024.

Was CrPC

Section 377 →

Section 418 BNSS Bare Act Text

(1) Save as otherwise provided in sub-section (2), the State Government may, in any case of conviction on a trial held by any Court other than a High Court, direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy—

(a) to the Court of Session, if the sentence is passed by the Magistrate; and

(b) to the High Court, if the sentence is passed by any other Court.

(2) If such conviction is in a case in which the offence has been investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita, the Central Government may also direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy—

(a) to the Court of Session, if the sentence is passed by the Magistrate; and

(b) to the High Court, if the sentence is passed by any other Court.

(3) When an appeal has been filed against the sentence on the ground of its inadequacy, the Court of Session or, as the case may be, the High Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused may plead for his acquittal or for the reduction of the sentence.

(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 418, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 418 BNSS in Simple Words

Section 418 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that the State Government may, in any case of conviction on a trial held by any Court other than a High Court, direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy. The appeal goes to the Court of Session, if the sentence is passed by the Magistrate, and to the High Court, if the sentence is passed by any other Court.

Section 418(2) BNSS says the Central Government may also direct such an appeal where the offence has been investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita. Under Section 418(3) BNSS, the Court shall not enhance the sentence except after giving the accused a reasonable opportunity of showing cause against such enhancement.

When Section 418 BNSS Applies

  • Save as otherwise provided in Section 418(2) BNSS, the State Government may, in any case of conviction on a trial held by any Court other than a High Court, direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy.
  • Under Section 418(1)(a) BNSS the appeal is presented to the Court of Session, if the sentence is passed by the Magistrate, and under Section 418(1)(b) BNSS to the High Court, if the sentence is passed by any other Court.
  • Under Section 418(2) BNSS, the Central Government may also direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy, if the offence has been investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita.
  • Under Section 418(3) BNSS, when an appeal has been filed against the sentence on the ground of its inadequacy, the Court of Session or, as the case may be, the High Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement.
  • Under Section 418(3) BNSS, while showing cause, the accused may plead for his acquittal or for the reduction of the sentence.

Time Limits Under Section 418 BNSS

  • Section 418(4) BNSS says that when an appeal has been filed against a sentence passed under a section of the Bharatiya Nyaya Sanhita, 2023 that it names, the appeal shall be disposed of within a period of six months from the date of filing of such appeal.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 418 BNSS

Vikram is convicted on a trial held by a Court of Session. The Court of Session passes a sentence. The State Government directs the Public Prosecutor, Meera, to present an appeal against the sentence on the ground of its inadequacy. Because the sentence was passed by a Court other than the Magistrate, Section 418(1)(b) BNSS provides for the appeal to the High Court. Under Section 418(3) BNSS, the High Court shall not enhance the sentence except after giving Vikram a reasonable opportunity of showing cause against such enhancement. While showing cause, Vikram may plead for acquittal or for the reduction of the sentence.

When Section 418 BNSS Does Not Apply

  • Section 418 BNSS speaks of an appeal against the sentence on the ground of its inadequacy. It does not deal with an appeal in case of acquittal, the subject of Section 419 BNSS.
  • Section 418(1) BNSS speaks of a conviction on a trial held by any Court other than a High Court. It does not deal with a conviction by a High Court, the subject of Section 420 BNSS, headed Appeal against conviction by High Court in certain cases.
  • Section 418 BNSS speaks of an appeal that the Public Prosecutor presents at the direction of the State Government or the Central Government. It does not deal with an appeal by a convicted person, the subject of Section 415 BNSS, headed Appeals from convictions.

Section 418 BNSS in the CrPC (Previous Law)

Section 418 BNSS replaced Section 377 CrPC from 1 July 2024.

From 1 July 2024, Section 418 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 377 of the Code of Criminal Procedure, 1973. Section 418(2) BNSS does not name the Delhi Special Police Establishment, and reads this Sanhita where Section 377(2) CrPC read this Code. Section 418(4) BNSS refers to sections of the Bharatiya Nyaya Sanhita, 2023 where Section 377(4) CrPC referred to sections of the Indian Penal Code. Section 418(1) BNSS and Section 418(3) BNSS have the same words as Section 377(1) CrPC and Section 377(3) CrPC.

Each sub-section below names its own source.

FAQs on Section 418 BNSS

Which court receives an appeal against the sentence on the ground of its inadequacy under Section 418 BNSS?▼

Under Section 418(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 the appeal is presented to the Court of Session, if the sentence is passed by the Magistrate. Under Section 418(1)(b) BNSS the appeal is presented to the High Court, if the sentence is passed by any other Court. Section 418(2)(a) BNSS and Section 418(2)(b) BNSS read the same way for an appeal directed by the Central Government.

When may the Central Government direct an appeal against sentence under Section 418 BNSS?▼

Under Section 418(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, if the conviction is in a case in which the offence has been investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita, the Central Government may also direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy.

What does Section 418(3) BNSS say about the accused when an appeal against the sentence has been filed?▼

Section 418(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that the Court of Session or, as the case may be, the High Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement. It also says that while showing cause, the accused may plead for his acquittal or for the reduction of the sentence.

What changed from Section 377 CrPC to Section 418 BNSS from 1 July 2024?▼

From 1 July 2024, Section 418 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 377 of the Code of Criminal Procedure, 1973. Section 418(2) BNSS reads investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita where Section 377(2) CrPC read investigated by the Delhi Special Police Establishment, constituted under the Delhi Special Police Establishment Act, 1946, or by any other agency empowered to make investigation into an offence under any Central Act other than this Code. Section 418(4) BNSS refers to Section 64 of the Bharatiya Nyaya Sanhita, 2023, Section 65 BNS, Section 66 BNS, Section 67 BNS, Section 68 BNS, Section 70 BNS and Section 71 BNS where Section 377(4) CrPC referred to Section 376 of the Indian Penal Code, Section 376A IPC, Section 376AB IPC, Section 376B IPC, Section 376C IPC, Section 376D IPC, Section 376DA IPC, Section 376DB IPC and Section 376E IPC.

Section 418 BNSS: Sub-sections Explained

Section 418(1) BNSS: Appeal by the State Government against sentence

▶

Bare Act Text

(1) Save as otherwise provided in sub-section (2), the State Government may, in any case of conviction on a trial held by any Court other than a High Court, direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy—

(a) to the Court of Session, if the sentence is passed by the Magistrate; and

(b) to the High Court, if the sentence is passed by any other Court.

Previous Law

CrPC 377 → Section 418(1) BNSS

Section 418(2) BNSS: Appeal by the State Government against sentence

▶

Bare Act Text

(2) If such conviction is in a case in which the offence has been investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita, the Central Government may also direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy—

(a) to the Court of Session, if the sentence is passed by the Magistrate; and

(b) to the High Court, if the sentence is passed by any other Court.

Previous Law

CrPC 377(2) → Section 418(2) BNSS

Section 418(3) BNSS: Appeal by the State Government against sentence

▶

Bare Act Text

(3) When an appeal has been filed against the sentence on the ground of its inadequacy, the Court of Session or, as the case may be, the High Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused may plead for his acquittal or for the reduction of the sentence.

Previous Law

CrPC 377(3) → Section 418(3) BNSS

Section 418(4) BNSS: Appeal by the State Government against sentence

▶

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.

Previous Law

CrPC 377(4) → Section 418(4) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·