How can someone file a criminal appeal against a conviction?
A criminal appeal is filed under Sections 419–424 of the BNSS, 2023 before the Appellate Court — the Sessions Court for Magistrate appeals, and the High Court for Sessions appeals — within the limitation period, challenging errors in law or fact.
Legal Explanation
Appeals must be filed within the prescribed limitation (e.g., 60 days for Sessions appeals to the High Court). The appellant must deposit the fine and, where sentence is imprisonment, surrender or seek suspension of sentence pending appeal.
Procedure
- 1Obtain the certified judgment, order and evidence records.
- 2Draft grounds of appeal identifying legal or factual errors.
- 3File before the appropriate Appellate Court within limitation.
- 4Seek suspension of sentence where custody is involved.
- 5Appeal is heard; the court may confirm, alter, or set aside the order.
Jurisdiction
Sessions Courts and the Allahabad High Court for UP.
Important Limitations
Limitation is strict; delay requires a separate application with sufficient cause. Some acquittal appeals by the State require special leave.
Legal References
- BNSS, 2023 — Sections 419–424 — Appeals
What This Covers
Obtain the certified judgment, order and evidence records.
Draft grounds of appeal identifying legal or factual errors.
File before the appropriate Appellate Court within limitation.
Seek suspension of sentence where custody is involved.
Appeal is heard; the court may confirm, alter, or set aside the order.