7.6 Judgment, Appeals, Reference, Revision & Limitation for Taking Cognizance
Key Takeaways
- Section 392 BNSS requires judgment to be pronounced in open court, and Section 403 BNSS bars the court from altering or reviewing its judgment once signed, except to correct a clerical or arithmetical error.
- Section 413 BNSS bars any appeal except as provided by the Sanhita, but its proviso preserves the victim's right to appeal against acquittal, conviction for a lesser offence, or inadequate compensation.
- Section 415 BNSS governs appeals from convictions: to the High Court where the trial was by a Sessions Judge or Additional Sessions Judge, and to the Court of Session where the sentence was passed by a Magistrate.
- Section 419 BNSS allows an appeal against acquittal only with the leave of the High Court, and a complainant in a case instituted on complaint must obtain special leave.
- Section 514 BNSS bars cognizance after the period of limitation — six months for an offence punishable with fine only, one year where punishable with imprisonment up to one year, and three years where punishable with imprisonment exceeding one year but not exceeding three years.
7.6 Judgment, Appeals, Reference, Revision & Limitation for Taking Cognizance
A JMFC's work does not end with a verdict. The judgment must satisfy a statutory form, the sentence may carry a compensation or probation order, and the file then moves into a hierarchy of appeals and revisions. This section closes the BNSS chapters with the post-trial architecture, together with the limitation bar that can defeat a prosecution before it starts.
Judgment (Sections 392-406 BNSS)
| BNSS | CrPC | Provision |
|---|---|---|
| 392 | 353 | Judgment to be pronounced in open court immediately after the trial or at a subsequent time of which notice is given; the BNSS adds a duty to upload the judgment on the court's portal within a specified period |
| 393 | 354 | Language and contents — the judgment must state the point or points for determination, the decision and the reasons for it, and specify the offence and the section under which the accused is convicted |
| 394 | 356 | Order notifying the address of a previously convicted offender |
| 395 | 357 | Order to pay compensation out of the fine, or, where no fine is imposed, an order to pay compensation to the victim |
| 396 | 357A | Victim compensation scheme to be prepared by every State Government in coordination with the Central Government |
| 398 | — (new) | Witness protection scheme — every State Government shall prepare one |
| 401 | 360 | Order to release on probation of good conduct or after admonition |
| 402 | 361 | Special reasons to be recorded where the court could have proceeded under Section 401 but did not |
| 403 | 362 | Court not to alter judgment once signed, except to correct a clerical or arithmetical error |
| 405 | 364 | Judgment when to be translated |
- Section 393 is the provision a first-appointment Magistrate is judged by. A judgment that records the evidence but omits the points for determination and the reasons is liable to be set aside in appeal, and where the conviction is under a section that carries alternative punishments, the section and sub-section must be specified.
- Section 398 (witness protection) has no CrPC predecessor — it is one of the BNSS's genuinely new obligations, alongside the Section 396 victim-compensation and Section 397 victim-treatment provisions.
Appeals (Sections 413-435 BNSS)
The Gateway: Section 413
No appeal lies from any judgment or order of a criminal court except as provided by the Sanhita or any other law in force. The proviso preserves the victim's right of appeal against an order acquitting the accused, convicting for a lesser offence, or imposing inadequate compensation, and the victim's appeal lies to the court to which an appeal ordinarily lies against the order of conviction of that court.
The Forum Table (Section 415)
| Court Passing the Sentence | Appeal Lies To |
|---|---|
| High Court in extraordinary original criminal jurisdiction | Supreme Court |
| Sessions Judge or Additional Sessions Judge; or any other court where the sentence exceeds 7 years | High Court |
| Any Magistrate (Judicial Magistrate First Class, Second Class, Chief Judicial Magistrate) | Court of Session |
The Bars and the Special Rights
- Section 416 — no appeal where the accused pleads guilty and is convicted on that plea by a Court of Session or a Magistrate; only the extent or legality of the sentence may be challenged.
- Section 417 — no appeal in petty cases, for example where a Magistrate of the first class passes a sentence of fine not exceeding one thousand rupees only.
- Section 418 — appeal by the State Government against the inadequacy of a sentence, to the High Court (or to the Court of Session where the sentence was passed by a Magistrate).
- Section 419 — appeal against acquittal. The State may appeal to the High Court with the leave of the High Court; where the case was instituted on a complaint, the complainant must obtain special leave from the High Court.
- Section 421 — special right of appeal where more persons than one are convicted in one trial and an appealable judgment has been passed in respect of any of them.
- Section 427 — powers of the Appellate Court: to reverse an acquittal, to alter a finding while maintaining the sentence, to reduce or alter the nature of the sentence, and to order retrial. The appellate court may not enhance a sentence without giving the accused a reasonable opportunity of showing cause.
- Section 430 — suspension of sentence pending appeal and release of the appellant on bail; Section 435 — abatement of appeals on the death of the appellant, subject to the exception for appeals against a sentence of fine.
Reference (Sections 436-437 BNSS)
Section 436 (CrPC 395): where a court trying a case is satisfied that it involves a question as to the validity of any Act, Ordinance or Regulation, or of any provision of one, the determination of which is necessary for the disposal of the case, and is of opinion that it is invalid or inoperative but has not been so declared by the High Court or the Supreme Court, it shall state a case setting out its opinion and refer it to the High Court. Section 437 provides for disposal of the case according to the High Court's decision.
Revision (Sections 438-443 BNSS)
| BNSS | CrPC | Provision |
|---|---|---|
| 438 | 397 | Power of the High Court or Sessions Judge to call for and examine the record to satisfy itself as to the correctness, legality or propriety of any finding, sentence or order, and as to the regularity of proceedings. Section 438(2) bars revision against an interlocutory order |
| 439 | 398 | Power to order further inquiry into a complaint dismissed or into the case of a person discharged |
| 440 | 399 | Sessions Judge's powers of revision |
| 441 | 400 | Powers of an Additional Sessions Judge |
| 442 | 401 | High Court's powers of revision — the High Court may not convert a finding of acquittal into one of conviction, and no proceeding shall be entertained at the instance of a party who could have appealed |
| 443 | 402 | Power of the High Court to withdraw or transfer revision cases |
- The one-bite rule: where an application for revision has been made by any person either to the High Court or to the Sessions Judge, no further application shall be entertained by the other (Section 438(3)).
- Interlocutory order is not defined; the settled test is whether the order decides a matter of moment affecting the rights of the parties or merely regulates the progress of the trial. An order framing charge has been held not to be purely interlocutory.
Limitation for Taking Cognizance (Sections 513-519 BNSS)
Section 514 BNSS (CrPC 468) bars a court from taking cognizance of an offence after the expiry of the period of limitation:
| Offence Punishable With | Period of Limitation |
|---|---|
| Fine only | 6 months |
| Imprisonment for a term not exceeding one year | 1 year |
| Imprisonment for a term exceeding one year but not exceeding three years | 3 years |
- No limitation applies to offences punishable with imprisonment exceeding three years.
- Section 515 (CrPC 469) fixes the commencement of the period: from the date of the offence; or, where commission was not known to the aggrieved person or the police, from the first day on which it came to their knowledge; or, where the offender was not known, from the first day on which his identity became known.
- Section 516 (CrPC 470) excludes time spent prosecuting another proceeding in good faith in a court without jurisdiction, time during which the prosecution was stayed by an injunction or order, and time required to obtain consent or sanction.
- Section 518 (CrPC 472): in the case of a continuing offence, a fresh period of limitation begins to run at every moment of the time during which the offence continues.
- Section 519 (CrPC 473): the court may take cognizance after the expiry of the period if it is satisfied on the facts and circumstances that the delay has been properly explained, or that it is necessary so to do in the interests of justice.
[!TIP] The trap set most often: a candidate reads Section 514 as a limitation on filing the complaint. It is not. It is a bar on the court taking cognizance, so the relevant date is the date of cognizance, not the date the complaint was presented — and Section 519 gives the court an express power to condone.
A Judicial Magistrate First Class convicts an accused and sentences him to two years' imprisonment. Where does an appeal against the conviction lie?
An offence is punishable with imprisonment for a term which may extend to two years. Within what period must a court take cognizance of it under Section 514 BNSS?
The complainant in a case instituted on a private complaint wishes to appeal against the acquittal of the accused. What must he do under Section 419 BNSS?
A Sessions Judge, exercising revisional jurisdiction, is asked to interfere with an order that merely adjourns the case for the convenience of a witness. What is the correct course?