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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXXI: Appeals

Section 430 BNSS: Suspension of sentence pending appeal; release of appellant on bail

Corresponding CrPC
Section 389 CrPC

Bare Act text

(1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond or bail bond:

Provided that the Appellate Court shall, before releasing on his own bond or bail bond a convicted person who is convicted of an offence punishable with death or imprisonment for life or imprisonment for a term of not less than ten years, shall give opportunity to the Public Prosecutor for showing cause in writing against such release:

Provided further that in cases where a convicted person is released on bail it shall be open to the Public Prosecutor to file an application for the cancellation of the bail.

(2) The power conferred by this section on an Appellate Court may be exercised also by the High Court in the case of an appeal by a convicted person to a Court subordinate thereto.

(3) Where the convicted person satisfies the Court by which he is convicted that he intends to present an appeal, the Court shall,—

(i) where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years; or

(ii) where the offence of which such person has been convicted is a bailable one, and he is on bail, order that the convicted person be released on bail, unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub-section (1); and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended.

(4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Pending an appeal by a convicted person, the Appellate Court may, for reasons recorded in writing, suspend the sentence or order appealed against and, if he is confined, release him on bail or on his own bond. Before releasing on his own bond a person convicted of an offence punishable with death, life imprisonment or imprisonment of ten years or more, it shall give the Public Prosecutor an opportunity to show cause in writing, and the Public Prosecutor may apply to cancel bail. The High Court may exercise this power for an appeal to a subordinate Court. Where the convicted person satisfies the convicting Court that he intends to appeal, and he is on bail and sentenced to imprisonment not exceeding three years, or the offence is bailable and he is on bail, the Court shall release him on bail unless there are special reasons. Bail is for a period that gives sufficient time to present the appeal and obtain the Appellate Court's orders, and the imprisonment is deemed suspended meanwhile. When the appellant is ultimately sentenced to imprisonment, the time spent released is excluded in computing his term.

Chapter XXXI: Appeals

  1. 413 No appeal to lie unless otherwise provided
  2. 414 Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behavior
  3. 415 Appeals from convictions
  4. 416 No appeal in certain cases when accused pleads guilty
  5. 417 No appeal in petty cases
  6. 418 Appeal by State Government against sentence
  7. 419 Appeal in case of acquittal
  8. 420 Appeal against conviction by High Court in certain cases
  9. 421 Special right of appeal in certain cases
  10. 422 Appeal to Court of Session how heard
  11. 423 Petition of appeal
  12. 424 Procedure when appellant in jail
  13. 425 Summary dismissal of appeal
  14. 426 Procedure for hearing appeals not dismissed summarily
  15. 427 Powers of Appellate Court
  16. 428 Judgments of subordinate Appellate Court
  17. 429 Order of High Court on appeal to be certified to lower Court
  18. 430 Suspension of sentence pending appeal; release of appellant on bail
  19. 431 Arrest of accused in appeal from acquittal
  20. 432 Appellate Court may take further evidence or direct it to be taken
  21. 433 Procedure where Judges of Court of appeal are equally divided
  22. 434 Finality of judgments and orders on appeal
  23. 435 Abatement of appeals
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