Section 431 BNSS: Arrest of accused in appeal from acquittal

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 431 BNSS at a Glance

Section 431 BNSS deals with arrest of accused in appeal from acquittal. It replaced Section 390 CrPC on 1 July 2024.

Was CrPC

Section 390 →

Section 431 BNSS Bare Act Text

431. Arrest of accused in appeal from acquittal

When an appeal is presented under section 419, the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail.

Source: Section 431, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 431 BNSS in Simple Words

Section 431 BNSS deals with an appeal presented under Section 419 BNSS. The High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court. The Court before which the accused is brought may commit the accused to prison pending the disposal of the appeal or admit the accused to bail.

When Section 431 BNSS Applies

  • Section 431 BNSS applies when an appeal is presented under Section 419 BNSS.
  • The High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court.
  • The Court before which the accused is brought may commit the accused to prison pending the disposal of the appeal or admit the accused to bail.

Example of Section 431 BNSS

An appeal is presented under Section 419 BNSS against the acquittal of Mohan. The High Court may issue a warrant directing that Mohan be arrested and brought before it or any subordinate Court. The Court before which Mohan is brought may commit Mohan to prison pending the disposal of the appeal or admit Mohan to bail.

When Section 431 BNSS Does Not Apply

  • Section 431 BNSS speaks of the arrest of the accused in an appeal from acquittal. It does not deal with suspension of sentence pending the appeal or the release of an appellant on bail, which Section 430 BNSS covers.
  • Section 431 BNSS speaks of an appeal presented under Section 419 BNSS. It does not deal with an appeal by the State Government against sentence, which Section 418 BNSS covers.

Section 431 BNSS in the CrPC (Previous Law)

Section 431 BNSS replaces Section 390 CrPC from the old criminal code.

Section 390 CrPC became Section 431 BNSS from 1 July 2024. The heading is the same. The text is the same except that Section 431 BNSS refers to Section 419 BNSS where Section 390 CrPC referred to Section 378 CrPC.

View CrPC Section 390 →

FAQs on Section 431 BNSS

What may the High Court do under Section 431 BNSS when an appeal is presented under Section 419 BNSS?▼

The High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court.

What may the Court do once the accused is brought before it under Section 431 BNSS?▼

The Court before which the accused is brought may commit the accused to prison pending the disposal of the appeal or admit the accused to bail.

Before which Courts may the accused be brought under Section 431 BNSS?▼

The warrant directs that the accused be arrested and brought before the High Court or any subordinate Court.

What changed from Section 390 CrPC to Section 431 BNSS from 1 July 2024?▼

The heading is the same. The text is the same except for one renumbered cross-reference. Section 431 BNSS refers to Section 419 BNSS where Section 390 CrPC referred to Section 378 CrPC.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·