Key points
- An appeal against conviction by a Sessions Court lies to the High Court under Section 415 BNSS; the limitation is 60 days from the sentence for sentences of imprisonment.
- The High Court can suspend the sentence and release the appellant on bail under Section 430 BNSS while the appeal is pending.
- An appeal is a rehearing on the record: the High Court re-appreciates evidence and can reverse findings of fact.
Which court hears the appeal
Convictions by a Sessions Judge or Additional Sessions Judge are appealed to the High Court. Convictions by a Magistrate are appealed to the Sessions Court, with a further revision to the High Court. Acquittals can be appealed by the State, and by the complainant with leave of the High Court.
Limitation
Under the Limitation Act, an appeal to the High Court against a sentence of imprisonment must be filed within 60 days of the sentence. Time spent obtaining the certified copy of the judgment is excluded, so the copy should be applied for on the day of judgment. Delay can be condoned on sufficient cause, and courts are generous with convicted persons in custody.
Suspension of sentence and bail
Section 430 BNSS allows the appellate court to suspend the execution of the sentence and release the appellant on bail while the appeal is pending. For short sentences, suspension is the norm because the appeal might otherwise become infructuous. For serious offences with long sentences, the court looks at the strength of the case, the appellant's conduct during trial and the likely time the appeal will take. The Supreme Court has directed that where an appeal is unlikely to be heard for years, suspension should be considered liberally once a substantial part of the sentence has been served.
What the High Court examines
The appeal is decided on the trial court record: the evidence, exhibits and the judgment. The High Court can reverse findings of fact, re-assess witness credibility and alter the conviction or sentence. Additional evidence is admitted only in exceptional cases under Section 435 BNSS.
Frequently asked questions
Do I have to surrender before filing the appeal?
If you were on bail during the trial and were convicted, the trial court may extend bail for a limited period to enable you to file the appeal. Otherwise, the appeal is filed from custody and an application for suspension of sentence is moved with it.
Can the High Court increase my sentence in my own appeal?
Not without notice. Enhancement requires a separate proceeding by the State or a notice from the court giving the appellant an opportunity to be heard.
Related practice area: Supreme Court & High Court Litigation
This article is for general information and does not constitute legal advice. Laws, rules and limitation periods change and depend on the facts; please take advice on your own situation before acting. Reading this article does not create a lawyer-client relationship with Akhtars Legalitarian.