Section 434 – Procedure Where Judges of Court of Appeal Are Equally Divided

Introduction

Section 434 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the finality of judgments and orders passed by an Appellate Court.

The general rule is that judgments and orders passed by an Appellate Court upon an appeal are final. However, the section expressly recognises certain exceptions where a further appellate remedy is available.

Section 434 also contains an important exception concerning cases where an appeal against conviction has already been finally disposed of, but an appeal against acquittal or an appeal for enhancement of sentence arising from the same case remains pending.

Meaning of Section 434

Section 434 establishes the principle of finality in criminal appeals.

Once an Appellate Court has decided an appeal, its judgment or order is generally treated as final. However, this finality is subject to the specific exceptions mentioned in the provision.

The section refers to:

• appeals under Section 418;
• appeals under Section 419;
• sub-section (4) of Section 424; and
• proceedings under Chapter XXXII.

Therefore, finality under Section 434 is not absolute. It operates subject to the statutory remedies expressly preserved by the BNSS.

Statutory Basis

Section 434 provides that judgments and orders passed by an Appellate Court upon an appeal shall be final, except in the cases provided for under:

• Section 418;
• Section 419;
• Section 424(4); and
• Chapter XXXII.

The provision further states that, notwithstanding the final disposal of an appeal against conviction, the Appellate Court may hear and dispose of on merits:

• an appeal against acquittal under Section 419 arising out of the same case; or
• an appeal for enhancement of sentence under Section 418 arising out of the same case.

Object and Purpose

The primary purpose of Section 434 is to provide certainty and finality to appellate decisions.

Criminal litigation cannot ordinarily continue indefinitely through repeated appeals on the same matter. Once an appeal has been decided, the judgment or order should ordinarily bring finality to that appellate proceeding.

At the same time, the section recognises that certain statutory remedies must remain available. It therefore balances:

• finality of appellate decisions; and
• preservation of specific statutory appellate and revisional remedies.

Nature of the Provision

Section 434 is a procedural provision governing the effect of appellate judgments and orders.

The general rule is finality, but the provision itself creates exceptions.

Therefore, the word “final” in this context should not be understood to mean that every appellate decision is incapable of being challenged under any circumstances.

The BNSS itself identifies circumstances in which further proceedings remain legally permissible.

General Rule of Finality

The basic rule under Section 434 is that a judgment or order passed by an Appellate Court upon an appeal shall be final.

This principle promotes:

• certainty in criminal proceedings;
• stability of judicial decisions;
• efficient disposal of litigation; and
• prevention of repeated appellate proceedings.

However, the finality is subject to the exceptions expressly preserved by the BNSS.

Exceptions to Finality

Section 434 expressly recognises exceptions to the general rule.

1. Appeal Under Section 418

Section 418 concerns an appeal for enhancement of sentence.

An appeal for enhancement of sentence arising from the same case may therefore continue to be dealt with in accordance with the statutory scheme.

2. Appeal Under Section 419

Section 419 deals with an appeal in a case of acquittal.

An appeal against acquittal arising from the same case may be heard even where an appeal against conviction has already been finally disposed of.

3. Section 424(4)

Section 424(4) provides a specific appellate remedy in the circumstances covered by that provision.

Section 434 expressly preserves this exception to the general rule of finality.

4. Chapter XXXII

Chapter XXXII of the BNSS deals with reference and revision.

The reference to Chapter XXXII means that the finality contemplated by Section 435 is subject to the remedies and powers available under that Chapter.

Important Proviso

The proviso to Section 434 deals with a situation in which an appeal against conviction has already been finally disposed of.

Even after such final disposal, the Appellate Court may hear and dispose of on merits:

• an appeal against acquittal under Section 419 arising out of the same case; or
• an appeal for enhancement of sentence under Section 418 arising out of the same case.

This ensures that the disposal of one appeal does not prevent the court from dealing with another statutory appeal arising from the same criminal case.

Appeal Against Acquittal After Disposal of Appeal Against Conviction

Suppose an accused has been convicted by a trial court and an appeal against that conviction is filed.

If that appeal is finally disposed of, Section 434 nevertheless permits the Appellate Court to hear an appeal against acquittal under Section 419 arising out of the same case.

The final disposal of the conviction appeal therefore does not prevent the statutory appeal against acquittal from being considered on its merits.

Enhancement of Sentence After Disposal of Conviction Appeal

Similarly, an appeal for enhancement of sentence under Section 418 arising out of the same case may be heard and disposed of on its merits even though an appeal against conviction has already been finally disposed of.

The provision therefore recognises that different appellate remedies arising from the same case may coexist.

Procedure

The working of Section 434 can be understood in the following manner:

1. An appeal is decided by an Appellate Court.
2. The judgment or order passed upon that appeal is ordinarily final.
3. The court considers whether the matter falls within any statutory exception.
4. If an exception under Section 418, Section 419, Section 424(4), or Chapter XXXII applies, the relevant statutory remedy may continue.
5. Where an appeal against conviction has already been finally disposed of, an appeal against acquittal or an appeal for enhancement of sentence arising from the same case may still be heard and decided on its merits.

Important Distinctions

Finality and Absolute Finality

Finality under Section 434 does not mean absolute immunity from every further legal proceeding.

The section itself recognises exceptions. Therefore, an appellate judgment is final subject to the remedies specifically preserved by the BNSS.

Finality and Revision

An appellate judgment may generally be final, but Section 434 expressly preserves the operation of Chapter XXXII concerning reference and revision.

The availability and scope of a revisional remedy must therefore be examined with reference to the relevant provisions of the BNSS.

Appeal Against Conviction and Appeal Against Acquittal

These are distinct appellate remedies.

The final disposal of an appeal against conviction does not prevent the Appellate Court from hearing an appeal against acquittal arising from the same case, where the statutory requirements are satisfied.

Appeal Against Conviction and Enhancement of Sentence

An appeal against conviction and an appeal seeking enhancement of sentence serve different purposes.

The proviso to Section 434 recognises that an appeal for enhancement of sentence arising from the same case may still be heard even after the conviction appeal has been finally disposed of.

BNSS and CrPC

Section 434 of BNSS corresponds to Section 393 of the Code of Criminal Procedure, 1973.

The BNSS substantially retains the earlier CrPC principle that judgments and orders passed by an Appellate Court are final, subject to specified statutory exceptions.

The corresponding CrPC provision referred to:

• Section 377 for enhancement of sentence;
• Section 378 for appeal against acquittal;
• Section 384(4); and
• Chapter XXX.

Under the BNSS, these references have been correspondingly renumbered as:

• Section 418;
• Section 419;
• Section 424(4); and
• Chapter XXXII.

The basic principle of appellate finality remains substantially unchanged.

Relationship with BNS and BSA

The Bharatiya Nyaya Sanhita, 2023 (BNS) contains substantive criminal offences and punishments.

The BNSS governs criminal procedure, including appeals and the finality of appellate judgments and orders.

The Bharatiya Sakshya Adhiniyam, 2023 (BSA) governs the law of evidence.

Section 434 is therefore primarily concerned with criminal appellate procedure under the BNSS.

Example

Suppose a trial court convicts an accused and imposes a sentence. The accused files an appeal against the conviction, and the Appellate Court finally disposes of that appeal.

If there is also an appeal against acquittal arising from the same case under Section 419, the disposal of the conviction appeal does not prevent the Appellate Court from hearing the appeal against acquittal on its merits.

Similarly, an appeal for enhancement of sentence under Section 418 arising from the same case may still be heard and decided.

Common Confusions

Does Section 434 mean that no further legal remedy is ever possible after an appeal?

No.

The general rule is finality, but the section expressly preserves specified statutory remedies.

Can an appeal against acquittal be heard after an appeal against conviction has been finally disposed of?

Yes.

The proviso to Section 434 expressly permits an appeal against acquittal under Section 419 arising from the same case to be heard and disposed of on merits.

Can an appeal for enhancement of sentence continue after the conviction appeal is finally disposed of?

Yes.

An appeal for enhancement of sentence under Section 418 arising from the same case may still be heard and decided on merits.

Does finality under Section 434 eliminate revision?

No.

Section 434 expressly preserves the operation of Chapter XXXII concerning reference and revision.

Is Section 434 about the finality of the trial court’s judgment?

No.

Section 434 specifically concerns judgments and orders passed by an Appellate Court upon an appeal.

Important BNSS Provisions

• Section 418: Appeal against inadequacy of sentence.
• Section 419: Appeal in case of acquittal.
• Section 424: Powers of Appellate Court.
• Section 424(4): Relevant statutory exception to finality.
• Section 434: Procedure where Judges of Court of Appeal are equally divided.
• Section 434: Finality of judgments and orders on appeal.
• Section 436: Abatement of appeals.
• Chapter XXXII: Reference and Revision.

Topic at a Glance

• Topic: Finality of judgments and orders on appeal
• BNSS Section: Section 434
• General rule: Appellate judgments and orders are final
• Nature: Procedural provision
• Exceptions: Sections 418, 419, Section 424(4), and Chapter XXXII
• Special rule: Appeal against acquittal or enhancement of sentence arising from the same case may be heard despite final disposal of an appeal against conviction
• CrPC equivalent: Section 393 CrPC

Quick Revision

• Section 434 BNSS deals with the finality of judgments and orders passed by an Appellate Court.
• The general rule is that an appellate judgment or order is final.
• Finality is subject to the exceptions expressly recognised by the BNSS.
• The exceptions include Sections 418, 419, Section 424(4), and Chapter XXXII.
• An appeal against acquittal arising from the same case may be heard even after an appeal against conviction has been finally disposed of.
• An appeal for enhancement of sentence arising from the same case may also be heard after final disposal of the conviction appeal.
• Section 434 substantially corresponds to Section 393 of the CrPC.
• Section 434, not Section 434, deals with the procedure where Judges of a Court of Appeal are equally divided.

ALSO READ: Section 433 – Procedure where Judges of Court of appeal are equally divided

Conclusion

Section 434 establishes finality as the general rule for judgments and orders passed by an Appellate Court while preserving specific statutory remedies. Its proviso is particularly significant because it allows an appeal against acquittal or an appeal for enhancement of sentence arising from the same case to be considered even after an appeal against conviction has been finally disposed of. The provision therefore promotes certainty in appellate proceedings without unnecessarily restricting remedies expressly recognised by the BNSS.