What Is BNSS Section 417?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 417: No appeal in petty cases

Notwithstanding anything in section 415, there shall be no appeal by a convicted person in any of the following cases, namely:—

(a) where a High Court passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine;

(b) where a Court of Session passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine;

(c) where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees; or

(d) where, in a case tried summarily, a Magistrate empowered to act under section 283 passes only a sentence of fine not exceeding two hundred rupees:

Provided that an appeal may be brought against such sentence if any other punishment is combined with it, but such sentence shall not be appealable merely on the ground—

(i) that the person convicted is ordered to furnish security to keep the peace; or

(ii) that a direction for imprisonment in default of payment of fine is included in the sentence; or

(iii) that more than one sentence of fine is passed in the case, if the total amount of fine imposed does not exceed the amount hereinbefore specified in respect of the case.

Brefe Detail

Section 417 of the Bharatiya Nagarik Suraksha Sanhita, 2023, restricts the ability to appeal in certain petty cases. It specifies conditions under which appeals cannot be made based on the sentence issued by different courts for minor offenses.

• High Court: No appeal if sentenced to imprisonment for up to three months or a fine up to ₹1000.
• Court of Session: No appeal if sentenced to imprisonment for up to three months or a fine up to ₹200.
• Magistrate of the first class: No appeal if sentenced to a fine up to ₹100.
• Magistrate (summary case): No appeal if sentenced to a fine up to ₹200.

However, if any other form of punishment is combined with the sentence, an appeal may be possible. Certain conditions such as the furnishing of security, imprisonment for default of payment, or multiple fines do not provide grounds for an appeal if the total fine does not exceed the set limit.

Question & Answers

Q1: Can a convicted person appeal if the sentence is passed by a High Court and involves imprisonment for up to three months or a fine of ₹1000?

A1: No, a convicted person cannot appeal in such cases as per Section 417.

Q2: If a Court of Session passes a sentence of imprisonment for three months or a fine of ₹200, is there an option to appeal?

A2: No, an appeal is not allowed in this situation under Section 417.

Q3: Can a person appeal if a Magistrate of the first class imposes a fine of ₹100?

A3: No, there is no appeal for a fine up to ₹100, as per Section 417.

Q4: Under what condition can a person bring an appeal for a fine imposed in a petty case?

A4: A person can bring an appeal if the sentence includes any other punishment along with the fine. However, they cannot appeal merely based on the amount of fine unless other conditions are met.

Q5: What are the conditions that do NOT allow an appeal in petty cases, according to Section 417?

A5: No appeal is allowed if the person is ordered to furnish security, imprisoned in default of fine payment, or if more than one fine is imposed, but the total fine does not exceed the limits specified for the case.

Example

Example 1:

A person is convicted by the High Court and sentenced to imprisonment for two months and a fine of ₹800.

Outcome: No appeal is allowed as the sentence does not exceed the prescribed limits for appeal in petty cases.

Example 2:

A person is convicted by a Court of Session and sentenced to imprisonment for three months and a fine of ₹250.

Outcome: No appeal is allowed as both imprisonment and the fine do not exceed the limits specified in Section 417.

Example 3:

A person is convicted by a Magistrate of the first class and sentenced to a fine of ₹120.

Outcome: No appeal is allowed because the fine exceeds the ₹100 limit for appeals in cases by a Magistrate of the first class.

Example 4:

A Magistrate imposes a fine of ₹180 in a summary case.

Outcome: No appeal is allowed if only a fine is imposed. However, if other punishment is added, an appeal could be allowed.

Summary

Section 417 of the Bharatiya Nagarik Suraksha Sanhita, 2023, specifies the circumstances under which no appeal is permitted in petty cases. If the sentence involves imprisonment of up to three months or fines within specified limits, appeals cannot be filed. However, appeals may be possible if additional punishments are involved, but they cannot be made based solely on the amount of fine, unless combined with other penalties.