Section 434 BNSS: Finality of judgments and orders on appeal

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 434 BNSS at a Glance

Section 434 BNSS deals with finality of judgments and orders on appeal. It replaced Section 393 CrPC on 1 July 2024.

Was CrPC

Section 434 BNSS Bare Act Text

434. Finality of judgments and orders on appeal
Judgments and orders passed by an Appellate Court upon an appeal shall be final, except in the cases provided for in section 418, section 419, sub-section (4) of section 425 or Chapter XXXII:
Provided that notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits,—
(a) an appeal against acquittal under section 419, arising out of the same case; or
(b) an appeal for the enhancement of sentence under section 418, arising out of the same case.

Source: Section 434, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 434 BNSS in Simple Words

Section 434 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that judgments and orders passed by an Appellate Court upon an appeal shall be final, except in the cases provided for in Section 418 BNSS, Section 419 BNSS, Section 425(4) BNSS or Chapter XXXII of the Sanhita.

Its proviso says that, notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits, an appeal against acquittal under Section 419 BNSS, arising out of the same case, or an appeal for the enhancement of sentence under Section 418 BNSS, arising out of the same case.

When Section 434 BNSS Applies

Under Section 434 BNSS, judgments and orders passed by an Appellate Court upon an appeal shall be final.
Under Section 434 BNSS, the exceptions are the cases provided for in Section 418 BNSS, Section 419 BNSS, Section 425(4) BNSS or Chapter XXXII of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Under the proviso to Section 434 BNSS, notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits, an appeal against acquittal under Section 419 BNSS, arising out of the same case.
Under the proviso to Section 434 BNSS, the Appellate Court may also hear and dispose of, on the merits, an appeal for the enhancement of sentence under Section 418 BNSS, arising out of the same case.

Example of Section 434 BNSS

Meena's appeal against conviction is finally disposed of by the Appellate Court. An appeal against acquittal under Section 419 BNSS, arising out of the same case, is pending. Under the proviso to Section 434 BNSS, notwithstanding the final disposal of the appeal against conviction, the Appellate Court may hear and dispose of, on the merits, the appeal against acquittal under Section 419 BNSS.

When Section 434 BNSS Does Not Apply

Section 434 BNSS speaks of the finality of judgments and orders on appeal. It does not deal with the procedure where Judges of Court of appeal are equally divided, the subject of Section 433 BNSS.
Section 434 BNSS speaks of the finality of judgments and orders on appeal. It does not deal with the abatement of appeals, the subject of Section 435 BNSS.

Section 434 BNSS in the CrPC (Previous Law)

Section 434 BNSS replaces Section 393 CrPC from the old criminal code.

From 1 July 2024, Section 434 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 393 of the Code of Criminal Procedure, 1973, with the same heading. Section 434 BNSS refers to Section 418 BNSS, Section 419 BNSS, Section 425(4) BNSS and Chapter XXXII of the Sanhita where Section 393 CrPC referred to Section 377 CrPC, Section 378 CrPC, Section 384(4) CrPC and Chapter XXX of the Code. The proviso to Section 434 BNSS refers to Section 419 BNSS and Section 418 BNSS where the proviso to Section 393 CrPC referred to Section 378 CrPC and Section 377 CrPC.

View CrPC Section 393 →

FAQs on Section 434 BNSS

What does Section 434 BNSS say about judgments and orders passed by an Appellate Court?▼

What does the proviso to Section 434 BNSS say?▼

The proviso to Section 434 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that, notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits, an appeal against acquittal under Section 419 BNSS, arising out of the same case, or an appeal for the enhancement of sentence under Section 418 BNSS, arising out of the same case.

Which sections does Section 434 BNSS name as exceptions?▼

Section 434 of the Bharatiya Nagarik Suraksha Sanhita, 2023 names the cases provided for in Section 418 BNSS, Section 419 BNSS, Section 425(4) BNSS and Chapter XXXII of the Sanhita.

What changed from Section 393 CrPC to Section 434 BNSS from 1 July 2024?▼

From 1 July 2024, Section 434 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 393 of the Code of Criminal Procedure, 1973. Section 434 BNSS has the same heading. Section 434 BNSS refers to Section 418 BNSS, Section 419 BNSS, Section 425(4) BNSS and Chapter XXXII of the Sanhita where Section 393 CrPC referred to Section 377 CrPC, Section 378 CrPC, Section 384(4) CrPC and Chapter XXX of the Code. The proviso to Section 434 BNSS refers to Section 419 BNSS and Section 418 BNSS where the proviso to Section 393 CrPC referred to Section 378 CrPC and Section 377 CrPC.

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