BNSS Section 434 — Finality of judgments and orders on appeal

Summary

Judgments and orders made by an Appellate Court in an appeal are generally final, except in certain situations listed in specific sections of the Act. However, even after an appeal against a conviction is finally decided, the Appellate Court can still hear and decide on the merits an appeal against an acquittal or an appeal for increasing the sentence, as long as those appeals come from the same case.

Official Text

Judgments and orders passed by an Appellate Court upon an appeal shall be final, except in the cases provided for in section 418, section 419, sub-section (4) of section 425 or Chapter XXXII:

Provided that notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits,—

(a) an appeal against acquittal under section 419, arising out of the same case; or

(b) an appeal for the enhancement of sentence under section 418, arising out of the same 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)
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §393 — Finality of judgments and orders on appeal