Criminal Appeals

Appeals before the High Court against conviction, sentence and acquittal.

What it involves

A person convicted at trial may appeal under Section 415 BNSS, and the appellate court may suspend the sentence and release the appellant on bail while the appeal is pending under Section 430. Appeals against acquittal lie under Section 419, and a victim may appeal under the proviso to Section 413.

On appeal, the High Court re-examines the evidence and the reasoning of the trial court. In an appeal against acquittal, it bears in mind that the acquittal strengthens the presumption of innocence.

Matters

  • Appeals against conviction and sentence
  • Suspension of sentence and bail pending appeal
  • Appeals against acquittal and appeals by victims
  • Appeals under the SC/ST (Prevention of Atrocities) Act

How a matter proceeds

RecordThe judgment, the evidence and the exhibits of the trial court are obtained.
MemorandumThe grounds of appeal are drawn up, with an application for suspension of sentence where needed.
AdmissionThe appeal is admitted and the trial court record is summoned.
HearingThe evidence is argued; the court affirms, alters or sets aside the judgment.

General information on the law as it stands on 15 November 2026. It is not legal advice and does not create an advocate–client relationship.

Let justice
be done.

Fiat justitia