Code: Section 430 BNSS
(1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond or bail bond:
Provided that the Appellate Court shall, before releasing on his own bond or bail bond a convicted person who is convicted of an offence punishable with death or imprisonment for life or imprisonment for a term of not less than ten years, shall give opportunity to the Public Prosecutor for showing cause in writing against such release:
Provided further that in cases where a convicted person is released on bail it shall be open to the Public Prosecutor to file an application for the cancellation of the bail.
(2) The power conferred by this section on an Appellate Court may be exercised also by the High Court in the case of an appeal by a convicted person to a Court subordinate thereto.
(3) Where the convicted person satisfies the Court by which he is convicted that he intends to present an appeal, the Court shall,—
(i) where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years; or
(ii) where the offence of which such person has been convicted is a bailable one, and he is on bail,
order that the convicted person be released on bail, unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub-section (1); and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended.
(4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced.
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Explanation of Section 430 BNSS
Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the suspension of a sentence pending an appeal and the possible release of the appellant on bail.
Key Provisions:
- Discretion of Appellate Court:
- The court may suspend the sentence of a convicted person during the pendency of the appeal.
- If the person is in confinement, the court may release them on bail or their own bond.
- Special Conditions for Serious Offenses:
- If the conviction is for an offense punishable by death, life imprisonment, or imprisonment of ten years or more, the Public Prosecutor must be heard before granting bail.
- The Public Prosecutor can apply for bail cancellation if necessary.
- Powers of the High Court:
- The High Court can exercise similar powers for appeals before subordinate courts.
- Automatic Bail in Certain Cases:
- A person already on bail shall continue to be on bail if:
- Their sentence is not more than three years.
- The offense is bailable.
- This ensures that short-term convicted persons do not face unnecessary incarceration while awaiting appeal.
- A person already on bail shall continue to be on bail if:
- Exclusion of Bail Period from Final Sentence:
- If the appeal fails and the convicted person must serve their sentence, the period spent on bail is not deducted from the final sentence duration.
Illustration
Example 1: Bail Granted During Appeal
A person is convicted of an offense and sentenced to two years in prison. They file an appeal and request bail.
- Since the sentence is under three years, the court must grant bail, unless there are special reasons to refuse.
Example 2: Denial of Bail in Serious Cases
A person is convicted of murder and sentenced to life imprisonment. They appeal and seek bail.
- The Appellate Court must allow the Public Prosecutor to submit objections before deciding.
- Bail may be denied considering the gravity of the offense.
Common Questions and Answers on Section 430 BNSS
1. Can every convicted person get bail pending appeal?
No. Bail is subject to judicial discretion and depends on factors like the offense, sentence duration, and potential risk.
2. Can the Public Prosecutor oppose bail after it is granted?
Yes. The Public Prosecutor has the right to file an application for cancellation of bail.
3. What happens if the High Court rejects the appeal?
If the appeal is unsuccessful, the convicted person must serve the sentence, and any period spent on bail is not counted toward the sentence.
4. Is there an automatic right to suspension of sentence?
No. The Appellate Court must record reasons in writing before suspending the sentence.
5. What if the convicted person does not appeal immediately?
The court may grant temporary bail to allow them time to file an appeal.
Conclusion
Section 430 BNSS ensures a balance between the rights of convicted individuals and the interests of justice by allowing bail under certain conditions while maintaining safeguards for serious offenses.
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