BNSS Section 418 — Appeal by State Government against sentence

CHAPTER XXXI APPEALS

Criminal

Summary

The State Government can appeal a sentence if it believes the sentence is too light. This can only be done in cases where a person was convicted after a trial in a court that is not the High Court. The appeal is filed by a Public Prosecutor: if a Magistrate gave the sentence, the appeal goes to the Court of Session; if any other court gave the sentence, the appeal goes to the High Court. If the crime was investigated by an agency created under a central law other than the BNSS, the Central Government can also direct a similar appeal. When such an appeal is filed, the court cannot increase the sentence without first giving the accused a fair chance to argue against it, and during that argument the accused can ask to be acquitted or to have the sentence reduced. If the appeal is against a sentence for certain specific offences listed in the Bharatiya Nyaya Sanhita, 2023, the court must decide the appeal within six months of it being filed.

Official Text

(1) Save as otherwise provided in sub-section (2), the State Government may, in any case of conviction on a trial held by any Court other than a High Court, direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy—

(a) to the Court of Session, if the sentence is passed by the Magistrate; and

(b) to the High Court, if the sentence is passed by any other Court.

(2) If such conviction is in a case in which the offence has been investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita, the Central Government may also direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy—

(a) to the Court of Session, if the sentence is passed by the Magistrate; and

(b) to the High Court, if the sentence is passed by any other Court.

(3) When an appeal has been filed against the sentence on the ground of its inadequacy, the Court of Session or, as the case may be, the High Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused may plead for his acquittal or for the reduction of the sentence.

(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.

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)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • SC (2024) Vol.10 p.1448 — Supreme Court of India (2024)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • CrPC §377 — Appeal by State Government against sentence