BNSS Section 415 — Appeals from convictions

Summary

A person found guilty in a trial conducted by a High Court under its special original criminal powers can appeal that conviction to the Supreme Court. If a person is convicted by a Sessions Judge, Additional Sessions Judge, or any other court that sentenced them to more than seven years in prison, they can appeal to the High Court. In other cases, a person convicted by a first or second class Magistrate, or sentenced under certain specified sections, can appeal to the Court of Session. When an appeal is filed against a sentence given under specific sections of the Bharatiya Nyaya Sanhita, 2023, the appeal must be decided within six months from the date it was filed.

Official Text

(1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.

(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years has been passed against him or against any other person convicted at the same trial, may appeal to the High Court.

(3) Save as otherwise provided in sub-section (2), any person,--

(a) convicted on a trial held by Magistrate of the first class, or of the second class; or

(b) sentenced under section 364; or

(c) in respect of whom an order has been made or a sentence has been passed under section 401 by any Magistrate, may appeal to the Court of Session.

(4) When an appeal has been filed against a sentence passed under section 64, section 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023, the appeal shall be disposed of within a period of six months from the date of filing of such appeal.

Sections referred to

• BNS §71 — Punishment for repeat offenders
• BNSS §64 — Summons how served
• BNSS §65 — Service of summons on corporate bodies, firms, and societies
• BNSS §66 — Service when persons summoned cannot be found
• BNSS §67 — Procedure when service cannot be effected as before provided
• BNSS §68 — Service on Government servant
• BNSS §70 — Proof of service in such cases and when serving officer not present
• BNSS §364 — Procedure when Magistrate cannot pass sentence sufficiently severe
• BNSS §401 — Order to release on probation of good conduct or after admonition

Referred to by

• BNSS §416 — No appeal in certain cases when accused pleads guilty
• BNSS §417 — No appeal in petty cases

Related Judgments

• VINOD RAI @ BHULLAN vs STATE (NCT OF DELHI) — Delhi High Court (2025)
• 88/2025; SANJAY vs STATE GOVT. OF NCT OF DELHI — Delhi High Court (2026)
• MD IMRAN@SAHEED vs STATE NCT OF DELHI — Delhi High Court (2025)
• UMA SAHRMA AND ANR vs ARPIT MITTAL — Delhi High Court (2025)
• VIKAS @ TINKU vs STATE (NCT OF DELHI) — Delhi High Court (2026)
• SHREEDHAR LAXMAN RANGARI vs STATE (GOVT OF NCT), DELHI — Delhi High Court (2025)

Old <-> New Code Mapping

• CrPC §374 — Appeals from convictions