Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lays down the basic rule governing criminal appeals under the BNSS. It provides that no appeal shall lie from any judgment or order of a criminal court except where an appeal is expressly provided by the BNSS or by any other law for the time being in force.
The right to appeal in criminal proceedings is therefore a statutory right. A person cannot file an appeal merely because they are dissatisfied with a judgment or order unless the law specifically provides a right of appeal.
Meaning of Section 413
Section 413 establishes that an appeal is not available as an automatic or inherent right against every judgment or order passed by a criminal court.
An appeal can be filed only where:
- The BNSS expressly provides for an appeal; or
- Another law for the time being in force provides for such an appeal.
Thus, the existence of a right of appeal depends upon statutory authority.
Statutory Basis
Section 413 of the BNSS, 2023
Section 413 provides that no appeal shall lie from any judgment or order of a criminal court unless otherwise provided by the BNSS or by any other law for the time being in force.
The provision substantially corresponds to Section 372 of the Code of Criminal Procedure, 1973.
Object and Purpose
The purpose of Section 413 is to define the statutory nature and limits of the appellate remedy in criminal procedure.
The provision seeks to:
- Prevent appeals from being filed where no legal right of appeal exists;
- Ensure that appellate jurisdiction is exercised only when authorised by law;
- Maintain the statutory structure governing criminal appeals;
- Prevent unnecessary or unauthorised challenges to criminal court orders; and
- Recognise appeals specifically provided under the BNSS or other applicable laws.
Essential Elements
1. There Must Be a Judgment or Order
Section 413 applies to judgments or orders passed by a criminal court.
However, the existence of a judgment or order does not by itself create a right of appeal.
2. The Right of Appeal Must Be Provided by Law
An appeal can be filed only when the BNSS or another law expressly provides for it.
The right to appeal must therefore have a statutory foundation.
3. An Appeal Is Not an Inherent Right
There is no general inherent right to challenge every criminal court decision through an appeal.
The scope, forum and conditions of an appeal depend upon the relevant statutory provision.
Nature of the Right of Appeal
The right of appeal is a statutory right. Its existence and exercise are governed by the law creating the right.
Therefore, the law may specify:
- Who may file an appeal;
- Against which judgments or orders an appeal may be filed;
- The court before which the appeal lies;
- The grounds and scope of the appeal; and
- Any conditions or limitations governing the remedy.
A court cannot generally assume appellate jurisdiction where no statute provides for an appeal.
Scope of Section 413
Section 413 applies broadly to criminal judgments and orders, subject to the specific appellate provisions contained in the BNSS and other applicable laws.
The section does not itself create a right of appeal. Instead, it establishes the general rule that an appeal must be specifically authorised by law.
The relevant right of appeal must therefore be identified by examining the particular judgment, order or proceeding involved.
Appeals Under the BNSS
The BNSS contains specific provisions governing different kinds of criminal appeals. Depending on the circumstances and the applicable statutory requirements, appeals may be provided against certain:
- Convictions;
- Acquittals;
- Sentences;
- Orders affecting victims; and
- Other judgments or orders where the BNSS specifically provides an appellate remedy.
The availability of an appeal depends on the exact statutory provision applicable to the particular case.
Victim’s Right of Appeal
The principle that an appeal must be expressly provided by law is particularly relevant to statutory rights given to victims.
Where the BNSS specifically recognises a right of appeal in favour of a victim, that right must be exercised according to the conditions and forum prescribed by law.
The existence of such a statutory remedy is an exception to the general rule that no appeal lies unless the law provides for it.
Important Distinctions
Appeal and Revision
An appeal is a statutory remedy available only when expressly provided by law. An appellate court may exercise the powers granted by the relevant provisions governing appeals.
Revision is a separate supervisory remedy governed by the provisions relating to revisional jurisdiction. The existence or absence of an appeal can also affect the availability and exercise of revisional powers.
An appeal and a revision should not be treated as identical remedies.
Right of Appeal and Right to Approach a Higher Court
A person may have access to certain judicial remedies under different constitutional or statutory provisions, but this does not mean that a statutory criminal appeal automatically lies against every order.
The right to file a criminal appeal must still be traced to the relevant law.
Appeal and Review
An appeal involves reconsideration by a higher court in the manner permitted by statute.
Review is a distinct legal mechanism and can be exercised only where the relevant law provides such a power.
The absence of a general right of appeal cannot automatically be overcome by describing a challenge as a review.
BNSS and CrPC
Section 413 of the BNSS, 2023 substantially continues the principle contained in Section 372 of the Code of Criminal Procedure, 1973.
Under both provisions, the general rule is that no appeal lies from a judgment or order of a criminal court unless the right is expressly provided by the procedural law or another law in force.
The BNSS must, however, be read according to its own provisions when identifying the specific appellate remedy available in a particular case.
Constitutional Connection
The right to appeal is generally a statutory right rather than an automatic fundamental right. Section 413 reflects this principle by making the availability of a criminal appeal dependent upon legislative provision.
At the same time, criminal procedure must operate consistently with constitutional requirements of fairness. Where a statutory appellate remedy is available, its procedure must be administered in accordance with applicable principles of fair process.
Important Case Law
Garikapati Veeraya v. N. Subbiah Choudhry
The Supreme Court recognised the importance of the right of appeal as a substantive legal right where such a right is provided by law.
The decision is relevant to the principle that appellate rights arise from legal provisions and must be understood within the statutory framework governing them.
Super Cassettes Industries Ltd. v. State of Uttar Pradesh
The Supreme Court reaffirmed that the right of appeal is a creature of statute and must be exercised within the limits prescribed by the law creating that right.
The principle is directly relevant to Section 413, which makes the availability of an appeal dependent upon statutory provision.
Example
A criminal court passes an order with which an accused person is dissatisfied. The person cannot automatically file an appeal simply because they disagree with the order.
The person must first identify a provision of the BNSS or another law that expressly gives a right of appeal against that particular judgment or order. If no such provision exists, an appeal does not lie under Section 413.
Topic at a Glance
- Topic: No appeal to lie unless otherwise provided
- BNSS Provision: Section 413
- Corresponding CrPC Provision: Section 372
- Main Principle: The right of appeal must be provided by law
- Nature of Right: Statutory
- General Rule: No appeal lies against a criminal court judgment or order unless authorised by law
- Exception: Where the BNSS or another law expressly provides a right of appeal
- Key Distinction: Appeal is different from revision and review
Quick Revision
- Section 413 lays down the general rule governing criminal appeals.
- No appeal lies merely because a person is dissatisfied with a judgment or order.
- The right of appeal must be expressly provided by the BNSS or another law in force.
- The right of appeal is statutory and not generally inherent.
- Section 413 does not itself create a right of appeal.
- The applicable statutory provision determines whether an appeal is available.
- Appeal, revision and review are separate legal remedies.
- The corresponding provision under the CrPC, 1973 was Section 372.
- A person must identify the specific legal provision authorising an appeal before filing it.
ALSO READ: Section 412 – Procedure in cases submitted to High Court for confirmation
Conclusion
Section 413 of the BNSS, 2023 establishes the foundation of the criminal appellate system by making the right of appeal dependent upon statutory authority. It prevents the assumption of a general right to challenge every criminal court judgment or order and ensures that appellate jurisdiction operates within the limits and conditions prescribed by the BNSS or other applicable laws.
