How to File a Criminal Appeal Under the BNSS, Step by Step (2026)
A step-by-step guide to filing a criminal appeal under the Bharatiya Nagarik Suraksha Sanhita, 2023: which court to appeal to, the limitation period, grounds, suspension of sentence and bail pending appeal, and the pitfalls. Last verified October 2026.
How-to · Criminal · BNSS 2023
A conviction is not the end of the road. A trial court can get the facts or the law wrong, and the law gives the losing side a chance to have a higher court look again. But an appeal has strict rules on who may appeal, to which court, and by when, and a small slip on limitation or forum can sink an otherwise strong case. This guide explains how to file a criminal appeal under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the appeal provisions of the old CrPC. It covers the forum, the time limit, the grounds, suspension of sentence, and the common pitfalls. Last verified October 2026.
- What it is: a higher court’s rehearing of a trial court judgment on facts and law.
- New-code sections: Sections 413 to 419 of the BNSS (old CrPC 372 to 378); suspension of sentence is Section 430 (old CrPC 389).
- Forum: appeal a Sessions Court sentence to the High Court, and a Magistrate’s sentence to the Court of Session.
- Act fast: appeals are time-bound, and filing an appeal does not suspend the sentence unless you apply for it.
- Tracking the case: Claw tracks appeals and hearings across 9,102 forums.
01What an appeal is, and who can file
A criminal appeal is a rehearing by a higher court of what the trial court decided, on both facts and law. The BNSS recognises several kinds of appeal:
- Appeal from a conviction by a convicted person who says the finding or the sentence is wrong.
- Appeal against an acquittal, usually by the State, and by a complainant in a complaint case, with leave.
- Victim’s appeal against an acquittal, a conviction for a lesser offence, or inadequate compensation.
- Appeal against an inadequate sentence, brought by the State.
Victim appeals need no leave
Courts have held that a victim appealing under the victim-appeal provision does not have to seek leave to appeal, unlike the State appealing an acquittal. Identify at the outset which category your appeal falls in, because the conditions differ.
02Old law to new law
The appeal chapter moved from the CrPC to the BNSS. The provisions are, in substance, the same, and courts have said the conviction-appeal provision is identical in content to the old one.
| New law (BNSS, 2023) | Old law (CrPC, 1973) | Subject |
|---|---|---|
| Section 413 (and proviso) | Section 372 (and proviso) | No appeal except as provided; victim’s right to appeal |
| Section 415 | Section 374 | Appeal from a conviction |
| Section 418 | Section 377 | Appeal by the State against an inadequate sentence |
| Section 419 | Section 378 | Appeal against an acquittal (with leave of the High Court) |
| Section 430 | Section 389 | Suspension of sentence and release of the appellant on bail |
Courts have also held that an appeal filed on or after 1 July 2024 is governed by the BNSS procedure, and that quoting the wrong section number does not by itself make an appeal not maintainable, as the defect can be corrected.
03Which court you appeal to
The forum depends on which court passed the sentence.
- Sentence by a Sessions Judge or Additional Sessions Judge: appeal to the High Court.
- Sentence by a Magistrate: appeal to the Court of Session.
Special rules apply where a sentence is above a threshold, or where a case was tried by particular courts, so always confirm the forum against the current text for your exact sentence.
A trap after an appellate reversal
Where a Sessions Court, sitting in appeal, reverses an acquittal and convicts, the remedy may be revision rather than a fresh appeal. Check the structure before you choose between an appeal and a revision.
04Step by step: how to file
- Get the certified copy of the judgment and order. You need the certified copy of the judgment appealed against to file, and the clock for limitation generally runs with reference to the judgment.
- Identify the correct appeal and forum. Decide whether it is an appeal from conviction, against acquittal, by a victim, or against sentence, and the court it lies to.
- Draft the memorandum of appeal. Set out concise grounds: errors in appreciating evidence, wrong application of law, excessive sentence, and so on. Attach the certified copy of the judgment.
- File within limitation, with a delay application if needed. Present the appeal in the proper court. If you are out of time, file an application to condone the delay, explaining it.
- Apply for suspension of sentence and bail. If the appellant is in custody, move at once for suspension of the sentence and release on bail pending appeal.
- Seek interim orders as needed. Ask for stay of fine or of other parts of the order where appropriate, and for an early hearing if the appellant is in jail.
05Limitation: the time to appeal
Appeals are time-bound. The limitation period runs from the date of the order or sentence, and differs by the forum and the type of appeal. Do not rely on memory for the exact number of days, because it varies, and a delay needs a separate application supported by reasons.
The safe practice is to treat the appeal as urgent from the day of the judgment, obtain the certified copy immediately, and file well inside the period, leaving a buffer.
06Suspension of sentence and bail pending appeal
Filing an appeal does not, by itself, stop the sentence. To keep a convicted appellant out of jail while the appeal is heard, you must apply for suspension of the sentence and release on bail under the suspension provision.
The appellate court weighs the nature of the offence, the length of the sentence, the time the appeal is likely to take, and the risk of flight or tampering. For a short sentence that may be served before the appeal is heard, suspension and bail are often granted, because otherwise the appeal would become meaningless.
An appeal does not pause the sentence on its own. You must apply for suspension of the sentence and bail, or the appellant stays in custody.
07Common pitfalls
- Missing limitation. This is the most common and most fatal error. Diarise the deadline from the judgment date and file early.
- Wrong forum or wrong appeal type. Appealing to the wrong court, or as the wrong kind of appeal, wastes time. A wrong section number can often be corrected, but the wrong forum is costly.
- Forgetting the bail application. If the appellant is in custody, file for suspension of sentence and bail with the appeal, not later.
- Vague grounds. List specific, numbered grounds tied to the record, not a general complaint that the judgment is wrong.
For the law on a conviction appeal, see criminal appeal under BNSS Section 415. To challenge an order short of a full appeal, see how to file a criminal revision. To reach the Supreme Court, see how to file a special leave petition.
08Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
An appeal is won in the law library before it is won in the courtroom, and it can be lost the day a listing slips by unnoticed. Claw speaks to both halves of that. Its judgment search runs across 30 crore+ rulings and returns appellate and sentencing authorities on facts close to yours in under 5 seconds, with Supreme Court coverage reaching back to 1950 and the High Courts to 1990, so an old but still binding appeal judgment stays within reach. Once the appeal is filed, you can follow it, its orders and its hearing dates by party or advocate name across 9,102 courts, benches and forums. See how to track criminal case hearings.
Claw researches and follows the matter; it does not draft the memorandum of appeal, file it, or stand in for your counsel, and it does not use customer case documents to train AI models. Open a free Claw account to pull appellate precedent and track your appeal by party or advocate name.
09Sources and further reading
- India Code (Bharatiya Nagarik Suraksha Sanhita, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Claw: clawlaw.in
This guide is general information, not legal advice. The law changes through amendments and judgments, so check the current text of the BNSS and take advice from counsel before you file.
10Frequently asked questions
Under which sections do you file a criminal appeal in the BNSS?
Appeals sit in Sections 413 to 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Appeal from conviction is Section 415, appeal against acquittal is Section 419, and the victim’s right to appeal is in the proviso to Section 413. They replace CrPC Sections 372 to 378.
Which court do I appeal a criminal conviction to?
If the sentence was passed by a Sessions Judge or Additional Sessions Judge, you appeal to the High Court. If it was passed by a Magistrate, you appeal to the Court of Session. Confirm any special thresholds against the current text.
Does filing an appeal suspend the sentence?
No. An appeal does not suspend the sentence on its own. You must apply for suspension of the sentence and release on bail under Section 430 (old CrPC 389), and the appellate court decides on the facts.
Does a victim need leave to appeal?
Courts have held that a victim appealing under the proviso to the victim-appeal provision does not need leave, unlike the State appealing an acquittal, which requires leave of the High Court. Identify your category early, because the conditions differ.
What happens if I file under the wrong section?
Courts have held that quoting the wrong provision does not by itself make an appeal not maintainable, because the defect can be corrected. But filing in the wrong forum or after limitation is far more serious, so get both right.
Can I track a criminal appeal in Claw?
Yes. Claw tracks the appeal, its orders and its hearing dates by party or advocate name across 9,102 courts, benches and forums, and lets you search 30 crore+ judgments, including Supreme Court rulings from 1950 and High Court rulings from 1990, in under 5 seconds. It researches and follows the matter but does not file the appeal or give legal advice.