Section 390 of BNSS, 2023 — Appeals from Convictions under Sections 383, 384, 388 and 389

Introduction

Section 390 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a specific right of appeal against convictions or sentences imposed under Sections 383, 384, 388 and 389.

These provisions deal with matters such as summary proceedings for giving false evidence, certain cases of contempt, refusal to answer questions or produce documents, and non-attendance by witnesses.

Section 390 ensures that a person punished under these provisions has an appellate remedy. It also identifies the appropriate appellate forum in cases involving a Court of Small Causes or a Registrar or Sub-Registrar deemed to be a Civil Court.

Meaning of Section 390

Section 390 allows a person sentenced by a Court other than a High Court under Sections 383, 384, 388 or 389 to appeal to the Court to which decrees or orders of that Court are ordinarily appealable.

The provision therefore creates a specific appellate mechanism for convictions arising from these special proceedings.

It also gives the Appellate Court power to:

• alter or reverse the finding; or
• reduce or reverse the sentence appealed against.

Statutory Basis

Section 390 contains four important parts:

• Sub-section (1): Provides the general right of appeal.
• Sub-section (2): Applies the relevant provisions of Chapter XXXI and defines the powers of the Appellate Court.
• Sub-section (3): Specifies the appellate forum for convictions by a Court of Small Causes.
• Sub-section (4): Specifies the appellate forum for convictions by a Registrar or Sub-Registrar deemed to be a Civil Court under Section 386.

Object and Purpose

The principal purpose of Section 390 is to provide an effective appellate remedy against convictions under the specified provisions.

The proceedings covered by Sections 383, 384, 388 and 389 can involve summary or special procedures. Section 390 ensures that the special nature of those proceedings does not eliminate the person’s right to challenge the resulting conviction or sentence.

The provision also provides certainty regarding the appellate forum in cases involving Courts of Small Causes and registration authorities exercising the status of a deemed Civil Court.

Convictions Covered by Section 390

Section 390 applies to convictions or sentences under four specified provisions.

Section 383

Section 383 provides the summary procedure for trial for giving false evidence.

A person sentenced under Section 383 can invoke the appellate remedy provided by Section 390.

Section 384

Section 384 deals with the procedure in certain cases of contempt.

A person sentenced under Section 384 may appeal under Section 390, subject to the conditions of the provision.

Section 388

Section 388 deals with imprisonment or committal of a person who refuses to answer questions or produce a document or thing required by the Court.

A person sentenced under Section 388 can challenge the conviction or sentence through an appeal under Section 390.

Section 389

Section 389 provides a summary procedure for punishment for non-attendance by a witness in obedience to summons.

A person convicted and sentenced under Section 389 may appeal under Section 390.

Essential Elements

1. There Must Be a Sentence Under a Specified Section

The person must have been sentenced under one of the following:

• Section 383;
• Section 384;
• Section 388; or
• Section 389.

The appellate mechanism under Section 390 is specifically linked to these provisions.

2. The Sentencing Court Must Not Be a High Court

Section 390(1) applies where the person has been sentenced by any Court other than a High Court.

The provision therefore does not create an appeal under Section 390 against a sentence imposed by a High Court.

3. Appeal Lies to the Appropriate Appellate Court

The general rule is that the appeal lies to the Court to which decrees or orders made by the sentencing Court are ordinarily appealable.

The section therefore uses the ordinary appellate relationship of the sentencing Court to determine the forum.

Powers of the Appellate Court

Section 390(2) provides that the applicable provisions of Chapter XXXI shall apply to appeals under the section.

The Appellate Court may:

• alter the finding;
• reverse the finding;
• reduce the sentence; or
• reverse the sentence appealed against.

The appellate jurisdiction is therefore not limited to merely examining procedural irregularities.

The Appellate Court can interfere with both the finding and the sentence within the scope of its statutory powers.

Appeal from a Court of Small Causes

Section 390(3) provides a specific rule for convictions by a Court of Small Causes.

An appeal from such a conviction lies to the Court of Session for the sessions division within which the Court of Small Causes is situated.

Therefore, where a Court of Small Causes passes a conviction under one of the specified provisions, the appeal is directed to the appropriate Court of Session.

Appeal from a Registrar or Sub-Registrar

Section 390(4) provides another special rule.

Where a Registrar or Sub-Registrar has been deemed to be a Civil Court under Section 386 pursuant to a direction issued by the State Government, an appeal from the conviction lies to the Court of Session for the sessions division within which the office of the Registrar or Sub-Registrar is situated.

This provision is directly connected with Section 386.

Section 386 determines when a Registrar or Sub-Registrar can be deemed to be a Civil Court, while Section 390(4) identifies the appellate forum against a conviction by such authority.

Procedure for Appeal

The general procedure can be understood as follows:

1. A person is sentenced under Section 383, 384, 388 or 389.
2. The sentencing Court is not a High Court.
3. The person exercises the right of appeal under Section 390.
4. The appeal is filed before the Court to which the sentencing Court’s decrees or orders are ordinarily appealable.
5. The applicable provisions of Chapter XXXI govern the appeal to the extent they are relevant.
6. The Appellate Court examines the challenge and may alter or reverse the finding or reduce or reverse the sentence.

Special rules apply where the conviction was passed by a Court of Small Causes or by a Registrar or Sub-Registrar deemed to be a Civil Court.

Important Safeguards

Right to Appeal

Section 390 provides an appellate remedy to a person sentenced under the specified provisions by a Court other than a High Court.

Review of Finding

The Appellate Court can alter or reverse the finding.

Review of Sentence

The Appellate Court can reduce or reverse the sentence.

Application of Chapter XXXI

The relevant provisions governing appeals under Chapter XXXI apply, so far as applicable, to appeals under Section 390.

Important Limitations

Limited Statutory Coverage

Section 390 does not create a general appeal against every conviction under the BNSS.

It specifically covers sentences under Sections 383, 384, 388 and 389.

No Section 390 Appeal from a High Court

The provision applies to a person sentenced by a Court other than a High Court.

Therefore, Section 390 itself does not provide an appellate remedy against a conviction imposed by a High Court.

Special Appellate Forums

Specific appellate forums are prescribed for convictions by:

• a Court of Small Causes; and
• a Registrar or Sub-Registrar deemed to be a Civil Court under Section 386.

Example

Hypothetical example:

Suppose a person is convicted and sentenced under Section 389 by a Court of Small Causes.

The person cannot simply choose any appellate Court. Under Section 390(3), the appeal lies to the Court of Session for the sessions division in which the Court of Small Causes is situated.

Similarly, if a Registrar deemed to be a Civil Court under Section 386 passes a conviction under one of the provisions covered by Section 390, the appeal lies to the Court of Session for the sessions division in which the Registrar’s office is situated.

Relationship with Section 386

Section 386 and Section 390(4) operate together.

Section 386 provides that, when the State Government so directs, a Registrar or Sub-Registrar appointed under the Registration Act, 1908 shall be deemed to be a Civil Court for the purposes specified in Sections 384 and 385.

Section 390(4) then provides the appellate forum for a conviction by such a Registrar or Sub-Registrar.

Thus, the two provisions should be read together when dealing with an appeal arising from proceedings before a Registrar or Sub-Registrar deemed to be a Civil Court.

BNSS and CrPC

Section 390 of the BNSS corresponds to Section 351 of the Code of Criminal Procedure, 1973.

The basic appellate principle has been substantially carried forward.

Under the CrPC, Section 351 dealt with appeals from convictions under Sections 344, 345, 349 and 350.

Under the BNSS, Section 390 refers to Sections 383, 384, 388 and 389.

The change reflects the restructuring and renumbering of the corresponding provisions under the BNSS.

The BNSS provision also expressly retains specific rules concerning appeals from Courts of Small Causes and from Registrars or Sub-Registrars deemed to be Civil Courts.

Important Distinctions

Conviction vs Sentence

A conviction is the finding that a person is guilty of the relevant offence.

A sentence is the punishment imposed following that finding.

Section 390 permits the Appellate Court to interfere with both the finding and the sentence.

General Appeal vs Section 390 Appeal

Section 390 is a specific appellate provision applicable to convictions under the four sections expressly mentioned in it.

It should not be treated as a substitute for the general provisions governing appeals against all criminal convictions.

Court of Small Causes vs Registrar or Sub-Registrar

For a conviction by a Court of Small Causes, the appeal lies to the Court of Session for the relevant sessions division.

For a conviction by a Registrar or Sub-Registrar deemed to be a Civil Court under Section 386, the appeal lies to the Court of Session for the sessions division where the office of that Registrar or Sub-Registrar is situated.

Important BNSS Provisions

• Section 383: Summary procedure for trial for giving false evidence.
• Section 384: Procedure in certain cases of contempt.
• Section 385: Procedure where Court considers that case should not be dealt with under Section 384.
• Section 386: When Registrar or Sub-Registrar to be deemed a Civil Court.
• Section 388: Imprisonment or committal of person refusing to answer or produce document.
• Section 389: Summary procedure for punishment for non-attendance by a witness in obedience to summons.
• Section 390: Appeals from convictions under Sections 383, 384, 388 and 389.

Topic at a Glance

• BNSS Section: Section 390
• Subject: Appeals from convictions under Sections 383, 384, 388 and 389
• Person entitled to appeal: A person sentenced under the specified provisions
• Sentencing Court: Any Court other than a High Court
• General appellate forum: Court to which decrees or orders of the sentencing Court are ordinarily appealable
• Court of Small Causes: Appeal lies to the Court of Session for the relevant sessions division
• Registrar or Sub-Registrar: Appeal lies to the Court of Session for the relevant sessions division
• Appellate powers: Alter or reverse finding; reduce or reverse sentence
• Corresponding CrPC provision: Section 351

Quick Revision

• Section 390 provides an appeal against sentences under Sections 383, 384, 388 and 389.
• The sentencing Court must be a Court other than a High Court.
• The general appeal lies to the Court to which decrees or orders of the sentencing Court are ordinarily appealable.
• The relevant provisions of Chapter XXXI apply to these appeals.
• The Appellate Court may alter or reverse the finding.
• The Appellate Court may reduce or reverse the sentence.
• An appeal from a Court of Small Causes lies to the Court of Session for the relevant sessions division.
• An appeal from a Registrar or Sub-Registrar deemed to be a Civil Court under Section 386 lies to the Court of Session for the sessions division where the office is situated.
• Section 390 corresponds to Section 351 of the CrPC.

ALSO READ: Section 389 – Summary procedure for punishment for non-attendance by a witness in obedience to summons

Conclusion

Section 390 of the BNSS safeguards the right of appeal against convictions arising from the special proceedings covered by Sections 383, 384, 388 and 389. It establishes the general appellate forum while prescribing specific forums for convictions by Courts of Small Causes and Registrars or Sub-Registrars deemed to be Civil Courts. By allowing the Appellate Court to review both the finding and sentence, the provision provides an important judicial safeguard against wrongful or excessive punishment under these special procedures.