Law4u - Made in India

What Is BNSS Section 431?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 431: Arrest of accused in appeal from acquittal

When an appeal is presented under section 419, the High Court may issue a warrant directing that the accused be arrested and brought before it or any Subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail.

Brefe Detail

Section 431 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedure for the arrest of an accused when an appeal is filed against an acquittal. The High Court has the authority to issue a warrant for the arrest of the accused, requiring them to appear before the High Court or a subordinate court. Upon arrival, the court can decide to either commit the accused to prison while the appeal is pending or grant them bail.

Question & Answers

What does Section 431 allow the High Court to do when an appeal is presented under section 419?

It allows the High Court to issue a warrant for the arrest of the accused and direct them to be brought before it or any subordinate court.

What options does the court have after the accused is brought before it?

The court can either commit the accused to prison pending the disposal of the appeal or admit them to bail.

Under what circumstances can an appeal be presented under Section 431?

An appeal can be presented when there is a challenge to an acquittal under Section 419.

Example

  • If an accused person is acquitted in a lower court and the prosecution files an appeal under Section 419, the High Court may issue an arrest warrant to ensure the accused is present for the proceedings.
  • After the arrest, if the accused appears before the subordinate court, the court can choose to keep them in custody until the appeal is resolved or release them on bail.

Summary

Section 431 provides a mechanism for the High Court to manage the presence of an accused in cases where an appeal has been made against an acquittal. It empowers the court to issue arrest warrants and decide on custody or bail, ensuring that the accused is available for the appeal process.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Rajiv Modgill

Advocate Rajiv Modgill

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Immigration, Insurance, Labour & Service, Landlord & Tenant, Motor Accident, Property, R.T.I, Recovery, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Usman Ali

Advocate Usman Ali

Anticipatory Bail, Cheque Bounce, Consumer Court, Court Marriage, Criminal, Cyber Crime, Domestic Violence, Family, Media and Entertainment, Muslim Law

Get Advice
Advocate Nagesh BL

Advocate Nagesh BL

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Property, R.T.I, Recovery, Patent, Succession Certificate, Wills Trusts, Revenue, Startup

Get Advice
Advocate Aynosh Michael

Advocate Aynosh Michael

Criminal, Civil, Documentation, High Court, Family

Get Advice
Advocate Pushpraj Singh

Advocate Pushpraj Singh

Cheque Bounce, Breach of Contract, Criminal, Court Marriage, Cyber Crime

Get Advice
Advocate Pawan Kumar Sharma

Advocate Pawan Kumar Sharma

Tax, GST, Divorce, Family, Labour & Service

Get Advice
Advocate Vaibhav Edke

Advocate Vaibhav Edke

Anticipatory Bail, Consumer Court, Cheque Bounce, Divorce, Family, Labour & Service

Get Advice
Advocate M Selvam

Advocate M Selvam

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Labour & Service, Motor Accident, Muslim Law, Property, R.T.I, Supreme Court, Wills Trusts, Revenue

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.