Criminal Appeals Under the BNSS (Sections 413 to 419): CrPC 374 Mapping (2026)
How criminal appeals work under the BNSS, the key provisions from Section 413 to Section 419, who can appeal against a conviction or an acquittal, and how they map to the old CrPC. Last verified October 2026.
Explainer · Criminal Procedure · BNSS
An appeal is the main way to challenge a criminal verdict. The appeal provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) run from Section 413 to Section 419, and they replaced Sections 372 to 378 of the old Code of Criminal Procedure, 1973 (CrPC). Section 415 governs appeals from convictions, and Section 419 governs appeals against acquittals. These are procedure provisions and carry no punishment. Last verified October 2026.
- What they are: Sections 413 to 419 of the BNSS are the main criminal appeal provisions.
- Conviction appeals: Section 415 (old Section 374 CrPC).
- Acquittal appeals: Section 419 (old Section 378 CrPC); a complainant needs special leave from the High Court.
- No automatic appeal: Section 413 (old Section 372) says no appeal lies unless the law provides one, with a victim’s right to appeal.
- Research and tracking: Claw searches 30 crore+ judgments and tracks matters across 9,102 courts, benches and forums.
01Why the appeal provisions matter
No trial court is infallible. A conviction may rest on a wrong reading of the evidence, a sentence may be too harsh, or an acquittal may ignore clear proof. The appeal is the structured way to ask a higher court to look again.
But an appeal is not automatic. There is no general right to appeal every order. The law has to grant the right, fix the forum, and set the limits. The BNSS does this in Sections 413 to 419, and knowing the right section is the first step in filing.
People searching "bnss criminal appeal", "section 374 crpc in bnss", or "appeal against conviction bnss" are looking for these provisions and how to use them.
02The key appeal provisions
The BNSS appeal scheme starts from a simple rule: no appeal lies from any judgment or order of a criminal court except as provided by the BNSS or by another law in force. That rule is in Section 413, which also carries a proviso giving the victim a right to appeal in defined situations.
The main provisions a practitioner uses are:
- Section 413: the general rule that no appeal lies unless the law provides one, with a proviso recognising the victim’s right to appeal against an acquittal, a conviction for a lesser offence, or inadequate compensation.
- Section 415: appeals from convictions. It fixes the forum by the court that convicted, for example an appeal to the Court of Session or to the High Court depending on who passed the sentence.
- Section 419: appeal against an acquittal. The State can appeal, and a complainant can appeal only after obtaining special leave from the High Court.
Between these sit provisions on appeals in petty cases, appeals where the accused pleads guilty, and the handling of appeals generally. The structure mirrors the old CrPC, so the familiar rules of forum and leave carry over.
A procedure provision, not an offence
These appeal sections do not create crimes and carry no punishment. They decide whether, where, and how a verdict can be challenged. The punishment, if any, comes from the offence tried, not from these provisions.
03CrPC 372 to 378 to BNSS 413 to 419
The BNSS appeal provisions replace Sections 372 to 378 of the CrPC. Courts have noted that the substance is largely the same, with renumbering and small drafting changes to fit the rest of the BNSS. The High Court has observed that an appeal filed on or after 1 July 2024 is governed by the BNSS, not the CrPC.
| Old law (CrPC, 1973) | New law (BNSS, 2023) | Subject |
|---|---|---|
| Section 372 | Section 413 | No appeal unless provided; victim’s right to appeal |
| Section 374 | Section 415 | Appeals from convictions |
| Section 378 | Section 419 | Appeal against an acquittal |
The Kerala High Court has described the contents and substance of old Section 374 and new Section 415 as identical, with the changes meant only to fit the BNSS scheme. So case law under the old sections remains a reliable guide.
04Appeal against a conviction, step by step
For a convicted person, the practical path under Section 415 is broadly this:
- Find the right forum. The court you appeal to depends on which court convicted and the sentence passed. A sentence by a Magistrate and a sentence by a Sessions Court go to different appellate courts.
- File within the limitation period. An appeal must be filed in time, with a petition of appeal and a copy of the judgment.
- Seek suspension of sentence and bail. While the appeal is pending, you can ask the appellate court to suspend the sentence and release you on bail under Section 430. See suspension of sentence under Section 430.
Even if you cite the wrong appeal provision, the High Court has held that an appeal should not be dismissed on that ground alone; the citation can be corrected. For the practical steps, see how to file a criminal appeal under the BNSS. A victim’s separate right of appeal is covered in the victim’s right to appeal under Section 413. For a revision rather than an appeal, see criminal revision under Section 442.
05Where 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.
A criminal appeal rests on three things: the right appellate forum, authorities that fit the facts, and a limitation period that does not forgive delay. Claw supports each. You can search more than 30 crore judgments by section, party, or advocate, with results in under 5 seconds, to find appellate rulings on points like yours, including under the old Sections 374 and 378. Your own appeal can then be followed across 9,102 courts, benches and forums, with its orders and listing dates kept in view, so the limitation window is not lost. See case search across Indian courts.
Create a free Claw account to search and follow appeals by party or advocate name. Claw does not use customer case documents to train AI models; it researches and tracks the matter but does not draft or file the appeal, and it is no replacement for legal advice.
06Sources and further reading
- India Code (official text of the BNSS, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Supreme Court of India (judgments): sci.gov.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text of Sections 413 to 419 and take advice from counsel before you file.
07Frequently asked questions
Which BNSS section covers appeals from a conviction?
Section 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023 covers appeals from convictions. It replaced Section 374 of the CrPC, and the High Court has described the two as identical in substance. The appellate forum depends on which court convicted and the sentence passed.
Which BNSS section covers appeal against an acquittal?
Section 419 of the BNSS covers appeals against acquittals, replacing Section 378 of the CrPC. The State can appeal, and a complainant can appeal only after obtaining special leave from the High Court.
Is there a general right to appeal every order?
No. Section 413 says no appeal lies from a criminal court except as provided by the BNSS or another law in force. The section also contains a proviso giving a victim a right to appeal in defined situations.
Do the BNSS appeal rules apply to old cases?
Courts have held that an appeal filed on or after 1 July 2024 is governed by the BNSS, even if the trial was under the CrPC. Check the transition rules and the current text, because the position can turn on the date of filing.
Can I get bail while my appeal is pending?
Yes, you can apply to the appellate court to suspend the sentence and release you on bail under Section 430, which replaced Section 389 of the CrPC. The court records reasons and can impose conditions.
Can I track a criminal appeal in Claw?
Yes. Claw follows an appeal across 9,102 courts, benches and forums, keeping its orders and listing dates in view, which helps with appeal limitation and hearings. You can also search more than 30 crore judgments for appellate rulings in under 5 seconds. Claw does not file the appeal or give legal advice.