Code: Section 295 BNSS
295.
The judgment delivered by the Court under this section shall be final and no appeal (except the special leave petition under Article 136 and writ petition under Articles 226 and 227 of the Constitution) shall lie in any Court against such judgment.
Explanation
Section 295 of the Bharatiya Nyaya Sanhita, 2023 (BNSS) establishes that the judgment passed by the Court in a case is final and cannot be appealed to any other Court, except in specific instances. The only recourse available for challenging such a judgment is through a special leave petition under Article 136 or through a writ petition under Articles 226 and 227 of the Indian Constitution. This provision limits the ability to appeal and emphasizes the finality of the Court’s decisions in certain circumstances.
Illustration
Example 1: Finality of Judgment
A criminal case concludes with a judgment in the lower Court, and the accused seeks to challenge the decision in a higher Court. However, under Section 295, the appeal is not allowed unless the accused files a special leave petition or a writ petition under the provisions mentioned.
Example 2: Special Leave Petition
An individual convicted in a criminal case wishes to challenge the Court’s decision. They may file a special leave petition under Article 136 of the Indian Constitution, seeking permission from the Supreme Court to appeal against the judgment, despite the finality imposed by Section 295.
Common Questions and Answers on Section 295 BNSS
1. Can a judgment under Section 295 be appealed in any Court?
- Answer: No, the judgment is final, and no appeal is allowed except for a special leave petition under Article 136 or a writ petition under Articles 226 and 227 of the Indian Constitution.
2. What are the exceptions to the finality of the judgment under Section 295?
- Answer: The only exceptions are the special leave petition under Article 136 of the Constitution or the writ petition under Articles 226 and 227.
3. Can the judgment under Section 295 be challenged in any other way?
- Answer: Apart from the special leave petition or writ petitions, there is no other recourse for challenging the judgment.
Conclusion
Section 295 of the BNSS provides clarity on the finality of judgments in criminal cases. While it limits the scope for appeals, it still allows for legal recourse through special leave petitions and writ petitions as provided by the Indian Constitution, ensuring that individuals can still seek review under exceptional circumstances.
