Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 390: Appeals from convictions under sections 383, 384, 388 and 389
(1) Any person sentenced by any Court other than a High Court under section 383, section 384, section 388, or section 389 may, notwithstanding anything contained in this Sanhita, appeal to the Court to which decrees or orders made in such Court are ordinarily appealable.
(2) The provisions of Chapter XXXI shall, so far as they are applicable, apply to appeals under this section, and the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against.
(3) An appeal from such conviction by a Court of Small Causes shall lie to the Court of Session for the sessions division within which such Court is situated.
(4) An appeal from such conviction by any Registrar or Sub-Registrar deemed to be a Civil Court by virtue of a direction issued under section 386 shall lie to the Court of Session for the sessions division within which the office of such Registrar or Sub-Registrar is situated.
Brefe Detail
Section 390 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides a framework for appealing convictions made under sections 383, 384, 388, and 389. This section outlines the rights of individuals sentenced by lower courts to appeal their convictions to higher courts. It specifies which courts are appropriate for appeals depending on the type of sentencing court involved.
Question & Answers
What does Section 390 address?
It addresses the appeals process for convictions under sections 383, 384, 388, and 389.
Who can appeal under this section?
Any person sentenced by a Court other than a High Court under the specified sections may appeal.
To which court can an appeal be made?
An appeal can be made to the Court to which decrees or orders from the sentencing court are ordinarily appealable.
What provisions apply to these appeals?
The provisions of Chapter XXXI apply to appeals under this section.
Can the Appellate Court change the original conviction?
Yes, the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against.
Where does an appeal from a Court of Small Causes lie?
It lies to the Court of Session for the sessions division within which the Court of Small Causes is situated.
Where does an appeal from a Registrar or Sub-Registrar lie?
It lies to the Court of Session for the sessions division within which the office of the Registrar or Sub-Registrar is situated.
Example
- A person convicted under Section 384 by a lower court wishes to challenge the sentence. They file an appeal to the appropriate appellate court as outlined in Section 390.
- A conviction made by a Court of Small Causes for non-attendance leads the defendant to appeal to the Court of Session in the same division.
Summary
Section 390 of the Bharatiya Nagarik Suraksha Sanhita, 2023, facilitates the appeal process for individuals convicted under specific sections. It delineates the rights to appeal, the courts involved, and the procedural framework that governs such appeals, ensuring that individuals have a mechanism to challenge their convictions.
