Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 390
Code: Section 390 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation: This section deals with the right to appeal against convictions under specific sections related to extortion and robbery. It allows individuals convicted by a court lower than a High Court under Sections 383, 384, 388, or 389 to appeal their conviction.
- Subsection (1) grants the right to appeal to the court designated for appeals from the convicting court.
- Subsection (2) incorporates the provisions of Chapter XXXI of the BNSS, which governs appeals, to apply to appeals under Section 390.
- Subsection (3) specifically designates the Court of Session for appeals against convictions by Courts of Small Causes.
- Subsection (4) outlines the appeal process for convictions by Registrars or Sub-Registrars, who are deemed as Civil Courts under Section 386.
Illustration:
Imagine a person is convicted by a Magistrate’s Court under Section 384 (extortion) for demanding money under threat. This person has the right to appeal against the conviction and sentence to the designated appellate court, which is likely to be the Sessions Court in this case.
Common Questions and Answers:
- Q: What if the convicted person is not satisfied with the appellate court’s decision?
- A: The convicted person can further appeal to the High Court if permitted by the relevant laws.
- Q: Can the appellate court increase the sentence?
- A: While the appellate court can alter or reverse the finding and reduce the sentence, it cannot increase the sentence without giving the accused an opportunity to be heard.
- Q: How long does the convicted person have to file an appeal?
- A: The time limit for filing an appeal is prescribed under Chapter XXXI of the BNSS, which generally allows a specific period from the date of the conviction.
