Code
Appeals Against Convictions
390.
(1) Any person sentenced by a Court other than a High Court under sections 383, 384, 388, or 389 may, notwithstanding anything contained in this Sanhita, appeal to the Court to which decrees or orders made in such a Court are ordinarily appealable.
(2) The provisions of Chapter XXXI shall, so far as they are applicable, apply to appeals under this section, and the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against.
(3) An appeal from such conviction by a Court of Small Causes shall lie to the Court of Session for the sessions division within which such Court is situated.
(4) An appeal from such conviction by any Registrar or Sub-Registrar deemed to be a Civil Court by virtue of a direction issued under section 386 shall lie to the Court of Session for the sessions division within which the office of such Registrar or Sub-Registrar is situated.
Explanation of Section 390 BNSS
Section 390 BNSS provides a mechanism for appealing against convictions from various courts. It specifies who can appeal, the applicable courts, and the procedure for handling appeals.
Key Provisions:
- Who Can Appeal?
- Persons sentenced by any Court other than a High Court under sections 383, 384, 388, or 389 have the right to appeal.
- The appeal is made to the Court where decrees or orders from such courts are ordinarily appealable.
- Scope of the Appeal
- The Appellate Court has the power to alter, reverse, or reduce the sentence or findings based on the appeal.
- Court of Small Causes
- If a conviction arises from a Court of Small Causes, the appeal lies to the Court of Session in the relevant sessions division.
- Appeals from Registrar or Sub-Registrar
- If the conviction arises from a Registrar or Sub-Registrar acting as a Civil Court (as per section 386), the appeal goes to the Court of Session in the relevant sessions division.
Illustration
Example 1: Appeal from Court of Small Causes
A person is convicted in a Court of Small Causes under section 389.
- The person has the right to appeal the conviction in the Court of Session that has jurisdiction over the sessions division where the Court of Small Causes is located.
Example 2: Appeal from Registrar/Sub-Registrar
A person is convicted by a Registrar who is deemed to be a Civil Court under section 386.
- The person can appeal the conviction in the Court of Session located in the division where the Registrar’s office is situated.
Common Questions and Answers on Section 390 BNSS
1. Can I appeal my sentence if I was convicted in a lower court?
Yes, if you were convicted in a lower court (other than the High Court) under sections 383, 384, 388, or 389, you may appeal the conviction to the appropriate Appellate Court.
2. Where do I file an appeal from a Court of Small Causes?
If your conviction comes from a Court of Small Causes, the appeal must be filed in the Court of Session for the sessions division where the Court of Small Causes is situated.
3. Can a Registrar’s conviction be appealed?
Yes, if a Registrar or Sub-Registrar, deemed a Civil Court under section 386, convicts you, you can appeal the decision in the Court of Session for the division where their office is located.
4. Can the Appellate Court change my sentence?
Yes, the Appellate Court has the power to alter, reverse, or reduce the sentence or finding based on your appeal.
Conclusion
Section 390 BNSS clarifies the process for appeals following convictions in various courts. It provides an opportunity for individuals to seek a review of their conviction or sentence in a higher court, based on the established rules for appealing decisions. For more legal updates, visit ApniLaw.
