Section 419 BNSS: Appeal in case of acquittal
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 419 BNSS at a Glance
Section 419 BNSS deals with appeal in case of acquittal. It replaced Section 378 CrPC on 1 July 2024.
Section 419 BNSS Bare Act Text
(1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5),—
(a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;
(b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision.
(2) If such an order of acquittal is passed 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, subject to the provisions of sub-section (3), also direct the Public Prosecutor to present an appeal—
(a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;
(b) to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision.
(3) No appeal to the High Court under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court.
(4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.
(5) No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal.
(6) If, in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1) or under sub-section (2).
Source: Section 419, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 419 BNSS in Simple Words
Section 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with appeals against an order of acquittal. Section 419(1) BNSS is subject to Section 419(3) BNSS and Section 419(5) BNSS, and save as Section 419(2) BNSS otherwise provides. Under Section 419(1)(a) BNSS, the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session. That appeal lies from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence. Under Section 419(1)(b) BNSS, the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court. That appeal lies from an original or appellate order of acquittal passed by any Court other than a High Court, not being an order under Section 419(1)(a) BNSS. It also lies from an order of acquittal passed by the Court of Session in revision.
Section 419(2) BNSS applies to an order of acquittal passed in a case where the offence was investigated by any agency empowered to investigate an offence under a Central Act other than the Sanhita. In such a case the Central Government may also direct the Public Prosecutor to present an appeal, subject to Section 419(3) BNSS. Under Section 419(2)(a) BNSS, the appeal goes to the Court of Session from a Magistrate's order of acquittal in respect of a cognizable and non-bailable offence. Under Section 419(2)(b) BNSS, the appeal goes to the High Court. It goes from an original or appellate order of acquittal passed by any Court other than a High Court, not being an order under Section 419(2)(a) BNSS. It also goes to the High Court from an order of acquittal passed by the Court of Session in revision. Under Section 419(3) BNSS, no appeal to the High Court under Section 419(1) BNSS or Section 419(2) BNSS shall be entertained except with the leave of the High Court.
Under Section 419(4) BNSS, the order of acquittal may be passed in a case instituted upon complaint. If the High Court, on an application made to it by the complainant, grants special leave to appeal from the order of acquittal, the complainant may present the appeal to the High Court. Under Section 419(5) BNSS, the High Court shall not entertain an application for special leave under Section 419(4) BNSS after the expiry of six months where the complainant is a public servant. In every other case it shall not entertain the application after sixty days. Both periods are computed from the date of the order of acquittal. Under Section 419(6) BNSS, if the application for special leave under Section 419(4) BNSS is refused, no appeal from that order of acquittal shall lie under Section 419(1) BNSS or Section 419(2) BNSS.
When Section 419 BNSS Applies
- The District Magistrate may instruct the Public Prosecutor to file an appeal before the Court of Session when a Magistrate acquits a person of a cognizable and non-bailable offence under Section 419(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- The State Government may under Section 419(1)(b) BNSS instruct the Public Prosecutor to appeal to the High Court against an original or appellate acquittal by any Court below the High Court not falling under Section 419(1)(a) BNSS, or against an acquittal passed by the Court of Session in revision.
- When an acquittal is passed in a case where the offence was investigated by any agency empowered to investigate under any Central Act other than the Sanhita, the Central Government may under Section 419(2) BNSS direct the Public Prosecutor to appeal to the Court of Session for a Magistrate's acquittal in a cognizable and non-bailable offence, or to the High Court for other lower-court original, appellate, or Court of Session revisional acquittals.
- An appeal directed by the State Government or the Central Government to the High Court under Section 419(1) BNSS or Section 419(2) BNSS shall not be entertained without the leave of the High Court under Section 419(3) BNSS.
- In a case instituted upon complaint, the complainant may apply to the High Court for special leave to appeal from the acquittal and may present the appeal to the High Court if special leave is granted under Section 419(4) BNSS.
Time Limits Under Section 419 BNSS
- Where the complainant is a public servant, the High Court shall not entertain an application under Section 419(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 for special leave to appeal after six months from the date of the order of acquittal under Section 419(5) BNSS.Act text: “after the expiry of six months, where the complainant is a public servant”
- Where the complainant is not a public servant, the High Court shall not entertain an application under Section 419(4) BNSS for special leave to appeal after sixty days from the date of the order of acquittal under Section 419(5) BNSS.Act text: “and sixty days in every other case, computed from the date of that order of acquittal.”
Example of Section 419 BNSS
When Section 419 BNSS Does Not Apply
- An appeal to the Court of Session from a Magistrate's order of acquittal cannot be directed under Section 419(1)(a) or Section 419(2)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 where the offence is not a cognizable and non-bailable offence.
- The High Court shall not entertain an appeal under Section 419(1) BNSS or Section 419(2) BNSS unless the leave of the High Court is obtained under Section 419(3) BNSS.
- The High Court shall not entertain a complainant's application for special leave to appeal under Section 419(4) BNSS after six months for a public servant or sixty days in every other case from the acquittal order under Section 419(5) BNSS.
- No appeal from an order of acquittal shall lie under Section 419(1) BNSS or Section 419(2) BNSS once an application for special leave to appeal under Section 419(4) BNSS has been refused under Section 419(6) BNSS.
Section 419 BNSS in the CrPC (Previous Law)
Section 419 BNSS replaced Section 378 CrPC from 1 July 2024.
Section 378 of the Code of Criminal Procedure, 1973 became Section 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Renumbering the provision, replacing the word Code with Sanhita in Section 419(2) BNSS, and changing in any case to in a case are changes of form. Section 419(2) BNSS omits the separate reference to the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946, referring instead to any agency empowered to investigate an offence under any Central Act other than the Sanhita. Because Section 378(2) CrPC spoke of the Delhi Special Police Establishment or any other agency empowered to make investigation into an offence under any Central Act, the Code itself treated that Establishment as one such agency, so dropping the separate reference is a change of form. All other rules and time limits remain unchanged.
Each sub-section below names its own source.
FAQs on Section 419 BNSS
When can the District Magistrate direct an appeal against an acquittal under Section 419 BNSS?▼
The District Magistrate may direct the Public Prosecutor to present an appeal to the Court of Session when a Magistrate passes an order of acquittal in respect of a cognizable and non-bailable offence under Section 419(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023. This power applies save as otherwise provided in Section 419(2) BNSS, and no appeal lies under it once a complainant has been refused special leave under Section 419(6) BNSS.
When can the Central Government direct an appeal against an acquittal under Section 419 BNSS?▼
Where an order of acquittal is passed in a case in which the offence was investigated by any agency empowered to make investigation into an offence under any Central Act other than the Bharatiya Nagarik Suraksha Sanhita, 2023, the Central Government may direct the Public Prosecutor to appeal under Section 419(2) BNSS. The appeal lies to the Court of Session for a Magistrate's acquittal in a cognizable and non-bailable offence, and to the High Court with its leave in other cases.
What is the time limit for a complainant to seek special leave to appeal against an acquittal under Section 419 BNSS?▼
In a case instituted upon complaint, an application to the High Court for special leave to appeal under Section 419(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 cannot be entertained after six months where the complainant is a public servant, and sixty days in every other case, computed from the date of the order of acquittal under Section 419(5) BNSS. If special leave is refused, Section 419(6) BNSS bars any government appeal.
What changed from Section 378 CrPC to Section 419 BNSS from 1 July 2024?▼
From 1 July 2024, Section 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 378 of the Code of Criminal Procedure, 1973 with changes of form only. Section 419(2) BNSS omits the separate reference to the Delhi Special Police Establishment and refers to any agency empowered to make investigation into an offence under any Central Act other than the Sanhita. Because Section 378(2) CrPC spoke of the Delhi Special Police Establishment or any other agency empowered to make investigation into an offence under any Central Act, the Code itself treated that Establishment as one such agency, so dropping the separate reference is a change of form. The rules on appellate forums, leave of the High Court, special leave for complainants, and time limits are unchanged.
Section 419 BNSS: Sub-sections Explained
Section 419(1) BNSS: Appeal in case of acquittal
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Bare Act Text
(1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5),—
(a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;
(b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision.
Section 419(2) BNSS: Appeal in case of acquittal
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Bare Act Text
(2) If such an order of acquittal is passed 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, subject to the provisions of sub-section (3), also direct the Public Prosecutor to present an appeal—
(a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;
(b) to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision.
Section 419(3) BNSS: Appeal in case of acquittal
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Bare Act Text
(3) No appeal to the High Court under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court.
Section 419(4) BNSS: Appeal in case of acquittal
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Bare Act Text
(4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.
Section 419(5) BNSS: Appeal in case of acquittal
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Bare Act Text
(5) No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal.
Section 419(6) BNSS: Appeal in case of acquittal
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Bare Act Text
(6) If, in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1) or under sub-section (2).
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·