Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 413: No appeal to lie unless otherwise provided
No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force: Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.
Brefe Detail
This section specifies that no appeal is allowed from any judgment or order passed by a Criminal Court unless explicitly provided for in the Bharatiya Nagarik Suraksha Sanhita, 2023, or other applicable laws. However, a victim does have the right to appeal in certain situations:
- When the Court acquits the accused.
- When the accused is convicted of a lesser offence than what might have been applicable.
- When inadequate compensation is imposed.
The appeal should be filed in the Court that typically hears appeals against the orders of conviction by the original Court.
Question & Answers
Q1: Can any judgment or order of a Criminal Court be appealed?
A1: No, an appeal can only be made if it is specifically provided for by the Bharatiya Nagarik Suraksha Sanhita, 2023, or another applicable law.
Q2: Does the victim have the right to appeal?
A2: Yes, the victim has the right to appeal in certain cases such as:
- When the accused is acquitted.
- When convicted for a lesser offence.
- When the compensation imposed is inadequate.
Q3: To which Court can the victim appeal?
A3: The victim can appeal to the Court where appeals typically lie against the orders of conviction made by the original Court.
Example
Example 1: In a case where the accused is acquitted by a lower Criminal Court, the victim may appeal the acquittal to a higher Court as provided by this section.
Example 2: If the accused is convicted of a lesser offence than initially charged and the victim believes the conviction is unjust, the victim can appeal to the relevant Court for a review of the decision.
Example 3: If the Court imposes a compensation amount that the victim finds inadequate, the victim may appeal the decision to a higher Court as per this section.
Summary
Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023, limits the right to appeal from judgments and orders of Criminal Courts to cases where the right to appeal is explicitly granted by this Sanhita or any other law. However, it provides victims with the right to appeal against orders that acquit the accused, convict them of a lesser offence, or impose inadequate compensation, with the appeal lying in the higher Court where appeals are typically heard.
