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BNSS, 2023
Start Practicing
BNSSChapter XXXISection 421
Section421

Special right of appeal in certain cases

AI Assist

Summary

When more than one person is convicted in the same trial and any one of them gets an order that can be appealed, all or any of the co‑convicts have a right to appeal. This rule overrides other limits in the Chapter. The right is available even if a particular convict’s own order would not otherwise be appealable.

Example

Priya and Arjun are tried together for a theft. The court passes an appealable order against Arjun. Even though Priya’s own sentence might not normally allow an appeal, under this rule Priya can also file an appeal.

Bare Act

Enacted text

Notwithstanding anything in this Chapter, when more persons than one are convicted in one trial, and an appealable judgment or order has been passed in respect of any of such persons, all or any of the persons convicted at such trial shall have a right of appeal.

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XXXI

Chapter XXXI

Appeals

In this chapter

  • 413No appeal to lie unless otherwise provided
  • 414Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
  • 415Appeals from convictions
  • 416No appeal in certain cases when accused pleads guilty
  • 417No appeal in petty cases
  • 418Appeal by State Government against sentence
  • 419Appeal in case of acquittal
  • 420Appeal against conviction by High Court in certain cases
  • 421Special right of appeal in certain cases
  • 422Appeal to Court of Session how heard
  • 423Petition of appeal
  • 424Procedure when appellant in jail
  • 425Summary dismissal of appeal
  • 426Procedure for hearing appeals not dismissed summarily
  • 427Powers of Appellate Court
  • 428Judgments of subordinate Appellate Court
  • 429Order of High Court on appeal to be certified to lower Court
  • 430Suspension of sentence pending appeal; release of appellant on bail
  • 431Arrest of accused in appeal from acquittal
  • 432Appellate Court may take further evidence or direct it to be taken
  • 433Procedure where Judges of Court of appeal are equally divided
  • 434Finality of judgments and orders on appeal
  • 435Abatement of appeals
Previous · Section 420Appeal against conviction by High Court in certain casesNext · Section 422Appeal to Court of Session how heard