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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 419 BNSS: Appeal in case of acquittal

Corresponding CrPC
Section 378 CrPC

Bare Act text

(1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5),—

(a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and nonbailable offence;

(b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision.

(2) If such an order of acquittal is passed in a case in which the offence has been investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita, the Central Government may, subject to the provisions of sub-section (3), also direct the Public Prosecutor to present an appeal—

(a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;

(b) to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision.

(3) No appeal to the High Court under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court.

(4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.

(5) No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal.

(6) If, in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1) or under sub-section (2).

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

The District Magistrate may direct the Public Prosecutor to appeal to the Court of Session from a Magistrate's acquittal in a cognizable and non-bailable offence. The State Government may direct an appeal to the High Court from an original or appellate acquittal by any Court other than a High Court, excluding such Magistrate orders and Court of Session acquittals in revision. Where an agency under a Central Act other than this Sanhita investigated the offence, the Central Government may likewise direct such appeals. No appeal to the High Court is entertained without the High Court's leave. In a case instituted on complaint, the complainant may appeal to the High Court if the High Court grants special leave on his application. That application cannot be entertained after six months where the complainant is a public servant, or sixty days in other cases, from the date of the acquittal order. If special leave is refused, no appeal from that acquittal lies under sub-section (1) or (2).

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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