Code
Notwithstanding anything in section 415, there shall be no appeal by a convicted person in any of the following cases, namely:—
(a) where a High Court passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine;
(b) where a Court of Session passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine;
(c) where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees; or
(d) where, in a case tried summarily, a Magistrate empowered to act under section 283 passes only a sentence of fine not exceeding two hundred rupees:
Provided that an appeal may be brought against any such sentence if any other punishment is combined with it, but such sentence shall not be appealable merely on the ground—
(i) that the person convicted is ordered to furnish security to keep the peace; or
(ii) that a direction for imprisonment in default of payment of fine is included in
the sentence; or
(iii) that more than one sentence of fine is passed in the case, if the total amount
of fine imposed does not exceed the amount hereinbefore specified in respect of the
case.
Explanation of Section 417 BNSS
This section restricts the right to appeal in cases where only a minor fine is imposed. The main objective is to reduce unnecessary appeals and ensure efficient judicial proceedings.
- No Appeal if Fine is ₹1,000 or Less
- If a First Class or Second Class Magistrate imposes a fine of ₹1,000 or less, the accused cannot file an appeal.
- Exceptions
- If any other law specifically grants a right to appeal, the accused may still be able to challenge the decision.
Illustrations
Example 1: No Appeal Allowed
Aman is fined ₹800 by a Magistrate of the First Class for a traffic violation. Since the fine is less than ₹1,000, he cannot appeal under Section 417 BNSS.
Example 2: Exception – Appeal Allowed Under Other Laws
Ravi is fined ₹1,000 under a specific law that allows appeals against fines of any amount. In this case, Ravi can appeal under that law, despite Section 417 BNSS.
Common Questions and Answers
1. Can I appeal if the fine is more than ₹1,000?
Yes, if the fine exceeds ₹1,000, you can appeal as per general legal provisions.
2. Why does Section 417 restrict appeals?
The law aims to reduce unnecessary litigation in minor offenses, allowing courts to focus on more serious cases.
3. Can I challenge the fine if I believe it was wrongly imposed?
If there is a specific legal provision allowing an appeal, you can challenge it. Otherwise, a review or revision application may be an alternative legal remedy.
Conclusion
Section 417 BNSS eliminates appeals in petty cases where the fine is ₹1,000 or less, ensuring efficient case resolution. However, appeals are still possible if another law specifically allows them. This provision helps prevent court overload while maintaining fairness in legal proceedings.
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