Code – Exact Provision (Formatted)
Section 421 BNSS
Notwithstanding anything in this Chapter, when more than one person is convicted in a single trial, and an appealable judgment or order has been passed in respect of any of them, then all or any of the convicted persons shall have the right to appeal.
Explanation of Section 421 BNSS
This section provides a special right of appeal when multiple accused are convicted in a single trial. If one or more of them have a right to appeal, then all convicted persons in the same trial also get the right to appeal—even if some of them would not have had an independent right to appeal otherwise.
Key Features of Section 421:
✅ Applies when multiple people are convicted in a single trial.
✅ If one accused has a right to appeal, all accused in the same trial get the right.
✅ Ensures fairness and consistency in appellate proceedings.
Illustrations
Example 1: Multiple Convictions in a Single Trial
- Three people, Amit, Ravi, and Suresh, are convicted in the same trial for fraud.
- The judgment against Amit is appealable, but Ravi and Suresh’s sentences do not qualify for appeal under normal rules.
- Under Section 421 BNSS, Ravi and Suresh also get the right to appeal, since Amit has an appealable conviction.
Example 2: Different Sentences but Same Trial
- Four accused (Pooja, Ramesh, Vikram, and Sunil) are tried together for drug trafficking.
- The court sentences Pooja to 12 years, Ramesh to 8 years, Vikram to 6 years, and Sunil to 3 years.
- Pooja has a right to appeal (since her sentence exceeds 10 years).
- Under Section 421, Ramesh, Vikram, and Sunil also get the right to appeal, even though their sentences are below 10 years.
Common Questions and Answers
1. Does this section apply to cases where each accused was tried separately?
No. Section 421 applies only when all accused were convicted in a single trial. If they were tried separately, their right to appeal will be decided independently.
2. What happens if one accused decides not to appeal?
Each accused has an individual right to appeal, so even if one person chooses not to appeal, the others can still file their appeals.
3. Does this section give a right to appeal in non-appealable cases?
Yes. If one accused has an appealable judgment, then even those whose convictions would not normally qualify for appeal can still appeal under Section 421.
Conclusion
Section 421 BNSS ensures equal access to justice for all convicted persons in a single trial. It prevents situations where one accused can appeal while others, convicted under similar circumstances, are denied that right. This provision promotes fairness and uniformity in appellate procedures.
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