Code: Section 424 BNSS
If the appellant is in jail, he may present his petition of appeal and the copies accompanying the same to the officer in charge of the jail, who shall thereupon forward such petition and copies to the proper Appellate Court.
Explanation of Section 424 BNSS
Section 424 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides a special provision for prisoners who wish to file an appeal. Since a person in jail cannot personally visit the court, this section ensures that their right to appeal is not denied.
Key Provisions of Section 424 BNSS
- Appeal by Prisoners:
- If an appellant is in jail, they are allowed to submit their appeal without needing to appear in court.
- This ensures access to justice for incarcerated individuals.
- Submission to Jail Authority:
- The appellant must submit the petition of appeal and the required copies of the judgment/order to the officer in charge of the jail.
- Forwarding to the Appellate Court:
- The jail officer is responsible for forwarding the appeal documents to the appropriate appellate court.
- This prevents delays and ensures that prisoners can exercise their legal rights effectively.
- Purpose of the Provision:
- Protects the constitutional right to appeal.
- Provides a clear procedure for jailed individuals to challenge their conviction or sentence.
- Ensures that prisoners are not disadvantaged due to their incarceration.
Illustration
Example 1: Filing an Appeal from Jail
A person convicted under Section 103 BNSS (Murder) is in prison. He wants to appeal his conviction. Since he cannot visit the court, he writes an appeal petition and submits it to the jail officer, who then forwards it to the appropriate High Court.
Example 2: Jail Officer’s Role in Appeal Process
An accused convicted under Section 315 BNSS (Fraud) is sentenced to five years of imprisonment. He decides to challenge the verdict. The jail superintendent ensures his appeal petition reaches the Sessions Court without unnecessary delays.
Common Questions and Answers on Section 424 BNSS
1. Can a prisoner appeal their conviction without visiting the court?
Yes, a prisoner can submit their appeal through the jail officer, who forwards it to the appellate court.
2. What happens if a jail officer does not forward the appeal on time?
The prisoner can raise this issue through their legal representative or approach the High Court for intervention.
3. Can a lawyer file an appeal on behalf of a jailed person?
Yes, a lawyer can directly file an appeal, but Section 424 BNSS provides an option for the prisoner to file it from jail if they do not have direct legal assistance.
4. Does this provision apply to all criminal appeals?
Yes, this section applies to all criminal appeals where the appellant is in custody.
Conclusion
Section 424 BNSS ensures that prisoners retain their right to appeal even when they are behind bars. By allowing jail authorities to forward appeals, the law prevents procedural delays and upholds fair trial rights.
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