Section 430 BNSS: Suspension of sentence pending appeal; release of appellant on bail
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 430 BNSS at a Glance
Section 430 BNSS deals with suspension of sentence pending appeal; release of appellant on bail. It replaced Section 389 CrPC on 1 July 2024.
Section 430 BNSS Bare Act Text
(1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond or bail bond:
Provided that the Appellate Court shall, before releasing on his own bond or bail bond a convicted person who is convicted of an offence punishable with death or imprisonment for life or imprisonment for a term of not less than ten years, shall give opportunity to the Public Prosecutor for showing cause in writing against such release:
Provided further that in cases where a convicted person is released on bail it shall be open to the Public Prosecutor to file an application for the cancellation of the bail.
(2) The power conferred by this section on an Appellate Court may be exercised also by the High Court in the case of an appeal by a convicted person to a Court subordinate thereto.
(3) Where the convicted person satisfies the Court by which he is convicted that he intends to present an appeal, the Court shall,—
(i) where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years; or
(ii) where the offence of which such person has been convicted is a bailable one, and he is on bail, order that the convicted person be released on bail, unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub-section (1); and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended.
(4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced.
Source: Section 430, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 430 BNSS in Simple Words
Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the suspension of a sentence while an appeal by a convicted person is pending, and with the release of the appellant on bail. While such an appeal is pending, the Appellate Court may order that the execution of the sentence or order appealed against be suspended. The Appellate Court must record its reasons in writing. If the appellant is in confinement, the Appellate Court may also order release on bail, or on the appellant's own bond or bail bond. The first proviso applies where the convicted person is convicted of an offence punishable with death, imprisonment for life, or imprisonment for a term of not less than ten years. Before releasing such a person on the person's own bond or bail bond, the Appellate Court shall give the Public Prosecutor an opportunity to show cause in writing against the release.
Under the second proviso, where a convicted person is released on bail, it is open to the Public Prosecutor to file an application for cancellation of the bail. Under Section 430(2) BNSS, the High Court may also exercise this power of an Appellate Court in the case of an appeal by a convicted person to a Court subordinate to the High Court. Section 430(3) BNSS applies where the convicted person satisfies the Court that convicted the person that the person intends to present an appeal. The convicting Court shall then order release on bail, unless there are special reasons for refusing bail, in the cases that follow. In the first case, the person is on bail and is sentenced to imprisonment for a term not exceeding three years. In the second case, the offence of which the person has been convicted is a bailable one, and the person is on bail.
The release is for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under Section 430(1) BNSS. So long as the person is released on bail in this way, the sentence of imprisonment shall be deemed to be suspended. Under Section 430(4) BNSS, the appellant may ultimately be sentenced to imprisonment for a term or for life. In that event, the time during which the appellant is so released shall be excluded in computing the term of that sentence.
When Section 430 BNSS Applies
- While an appeal by a convicted person is pending, the Appellate Court may record its reasons in writing to suspend the execution of the sentence or order appealed against and release a confined appellant on bail, or on personal bond or bail bond under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Before releasing on personal bond or bail bond a person convicted of an offence punishable with death, imprisonment for life, or imprisonment for a term of not less than ten years, the Appellate Court shall give the Public Prosecutor an opportunity to show cause in writing against such release.
- Where a convicted person is released on bail under Section 430(1) BNSS, the Public Prosecutor may file an application for the cancellation of that bail.
- The High Court may also exercise the Appellate Court powers under Section 430(2) BNSS when a convicted person appeals to a Court subordinate to the High Court.
- When a convicted person who is on bail satisfies the convicting Court of an intention to present an appeal, and either the prison sentence does not exceed three years or the offence is bailable, the convicting Court shall order release on bail unless there are special reasons for refusing bail.
Time Limits Under Section 430 BNSS
- Bail ordered by the convicting Court under Section 430(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 remains in effect for a period that gives the convicted person sufficient time to present the appeal and obtain orders from the Appellate Court under Section 430(1) BNSS, and the sentence of imprisonment is deemed suspended during that release.Act text: “for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court”
- When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the period during which the appellant was released under Section 430 BNSS shall be excluded in computing the term of sentence.Act text: “the time during which he is so released shall be excluded in computing the term for which he is so sentenced”
Example of Section 430 BNSS
When Section 430 BNSS Does Not Apply
- An Appellate Court cannot suspend the execution of a sentence or order release under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 if no appeal by a convicted person is pending.
- The convicting Court cannot order bail under Section 430(3) BNSS if the convicted person is not already on bail, does not satisfy the Court of an intention to present an appeal, or is convicted of a non-bailable offence with imprisonment exceeding three years.
- Even where a convicted person on bail intends to appeal a bailable offence or a sentence of imprisonment not exceeding three years, the convicting Court does not grant bail under Section 430(3) BNSS when there are special reasons for refusing bail.
Section 430 BNSS in the CrPC (Previous Law)
Section 430 BNSS replaced Section 389 CrPC from 1 July 2024.
Section 389 of the Code of Criminal Procedure, 1973 became Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024 with only changes of form. Section 430(1) BNSS adds release on bail bond alongside personal bond, and its first proviso refers to release on personal bond or bail bond instead of release on bail or personal bond. This is a change of form because Section 2(1)(e) BNSS defines a bond as an undertaking for release without surety and Section 2(1)(d) BNSS defines a bail bond as an undertaking for release with surety. The remaining sub-sections are unchanged.
Each sub-section below names its own source.
FAQs on Section 430 BNSS
What must the Appellate Court do before suspending a sentence under Section 430 BNSS?▼
To suspend the execution of a sentence or order appealed against under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, an appeal by a convicted person must be pending and the Appellate Court must record its reasons in writing. If the appellant is in confinement, the Court may also order release on bail, or on personal bond or bail bond. Once released on bail, the Public Prosecutor may apply to cancel the bail.
When is the Public Prosecutor entitled to oppose release in writing under Section 430 BNSS?▼
The first proviso to Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies when a person is convicted of an offence punishable with death, imprisonment for life, or imprisonment for a term of not less than ten years. Before releasing such a convicted person on personal bond or bail bond, the Appellate Court shall allow the Public Prosecutor to show cause in writing against release.
When must the convicting Court grant bail under Section 430(3) BNSS?▼
The Court that convicts a person shall grant bail under Section 430(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 when the convicted person is already on bail, satisfies the Court of an intention to present an appeal, and either receives a sentence of imprisonment for a term not exceeding three years or is convicted of a bailable offence. Unless there are special reasons for refusing bail, the release gives sufficient time to appeal and suspends the prison sentence meanwhile.
How does release on bail during an appeal affect the calculation of the final prison sentence under Section 430 BNSS?▼
Time spent released pending an appeal does not count towards the sentence under Section 430(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023. When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which the appellant was released under Section 430 BNSS shall be excluded when computing the term for which the appellant is sentenced. The appellant must still serve the remaining term of imprisonment.
What changed from Section 389 CrPC to Section 430 BNSS from 1 July 2024?▼
From 1 July 2024, Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 389 of the Code of Criminal Procedure, 1973 with only changes of form. Section 430(1) BNSS adds the words bail bond alongside personal bond, and its first proviso refers to release on personal bond or bail bond instead of release on bail or personal bond. This aligns with Section 2(1)(e) BNSS for bond without surety and Section 2(1)(d) BNSS for bail bond with surety.
Section 430 BNSS: Sub-sections Explained
Section 430(1) BNSS: Suspension of sentence pending the appeal; release of appellant on bail
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Bare Act Text
(1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond or bail bond:
Provided that the Appellate Court shall, before releasing on his own bond or bail bond a convicted person who is convicted of an offence punishable with death or imprisonment for life or imprisonment for a term of not less than ten years, shall give opportunity to the Public Prosecutor for showing cause in writing against such release:
Provided further that in cases where a convicted person is released on bail it shall be open to the Public Prosecutor to file an application for the cancellation of the bail.
Section 430(2) BNSS: Suspension of sentence pending the appeal; release of appellant on bail
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Bare Act Text
(2) The power conferred by this section on an Appellate Court may be exercised also by the High Court in the case of an appeal by a convicted person to a Court subordinate thereto.
Section 430(3) BNSS: Suspension of sentence pending the appeal; release of appellant on bail
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Bare Act Text
(3) Where the convicted person satisfies the Court by which he is convicted that he intends to present an appeal, the Court shall,—
(i) where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years; or
(ii) where the offence of which such person has been convicted is a bailable one, and he is on bail, order that the convicted person be released on bail, unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub-section (1); and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended.
Section 430(4) BNSS: Suspension of sentence pending the appeal; release of appellant on bail
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Bare Act Text
(4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·