BNSS Section 417 — No appeal in petty cases

CHAPTER XXXI APPEALS

Criminal

Summary

Even if a case would normally allow an appeal under section 415, a person who has been convicted cannot appeal in certain situations. These situations are: when a High Court gives only a prison sentence of up to three months or a fine up to one thousand rupees (or both); when a Sessions Court gives only a prison sentence of up to three months or a fine up to two hundred rupees (or both); when a first-class magistrate gives only a fine up to one hundred rupees; or when a magistrate handling a summary trial under section 283 gives only a fine up to two hundred rupees. However, an appeal is allowed if any other punishment is added to such a sentence, but the sentence cannot be appealed just because the convicted person is ordered to provide security for keeping the peace, or because the sentence includes a direction for jail time if the fine is not paid, or because more than one fine is imposed as long as the total fine does not exceed the limit mentioned for that type of case.

Official Text

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 any 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.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)

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