Criminal Appeals and Revisions: Questions and Answers

Apply for the certified copy of the judgment and the order on sentence today, then prepare the appeal with an application for suspension of sentence. An appeal against a Sessions Court conviction lies to the Delhi High Court under Section 415 of the BNSS (old Section 374 CrPC), within 60 days of the sentence, with only the copying time excluded. Families often lose weeks waiting for an auspicious date or arguing about which lawyer to hire, and every one of those days is spent in jail. Our page on criminal appeals explains the full process.

Not necessarily. With the appeal, you ask the High Court to suspend the sentence under Section 430 BNSS (old Section 389 CrPC). For fixed-term sentences the court usually agrees if the appeal raises arguable points and is unlikely to be heard soon, particularly where he was on bail during the trial and attended every date. In offences carrying ten years or more, the prosecutor is first given a chance to oppose in writing. When Advocate B.K. Singh drafts a suspension of sentence application, he leads with the custody period and the jail conduct, because those are the first things the bench asks about.

The High Court works on the trial record. No witnesses are called again. But a first appeal against conviction is a full rehearing on facts and law, so the judges read the depositions, the exhibits and the trial judge's reasoning, and they can come to their own view of the evidence. That is why appeals are won or lost on detail: contradictions between witnesses, gaps in the recovery, missing independent witnesses, a forensic report that does not fit the story, or a defence point the trial court simply ignored.

An appeal is a statutory right to have the evidence looked at again; a revision is a narrower check on whether an order is illegal, improper or plainly wrong. You appeal against a conviction, an acquittal or a sentence. You file a revision against orders that have no appeal, such as summoning, framing of charge, discharge or dismissal of a complaint, under Sections 438 to 442 of the BNSS (old Sections 397 to 401 CrPC). Picking the wrong remedy usually means withdrawing and refiling, which costs time. See our page on criminal revision.

Yes. The appeal court can confirm the conviction and still reduce the sentence, for example to the period already undergone, or alter the offence to a less serious one with a lower punishment. Courts look at the age of the convict, how long the case has dragged on, the time already in jail, family circumstances, conduct in custody and whether the parties have since made peace. A sentence cannot be reduced below a minimum that the law itself fixes. Many appeals argue both points: acquittal first, and in the alternative a lesser sentence.

Only in limited cases. Under Section 430(3) BNSS (old Section 389(3) CrPC), if he was on bail during trial and the sentence is three years or less, or the offence is bailable, the trial court should release him on bail for enough time to file an appeal and seek suspension, unless there are special reasons. Tell the judge at the sentencing hearing itself that you intend to appeal. For longer sentences he goes into custody, and only the appeal court can suspend the sentence.

Often there is. A conviction stays on record after the sentence ends, and it can block a government job, a promotion, police verification for a passport or visa, an arms licence or a contract with a public body. An appeal against conviction survives even after the sentence is served, and an acquittal clears the record. The practical catch is that appeals of convicts who are not in custody get a lower priority in listing, so expect a longer wait for the final hearing.

Bring the certified copy of the judgment and the order on sentence, the chargesheet, copies of the depositions and exhibits if you have them, all bail orders, the custody certificate or nominal roll, and any medical papers. If you only have photographs of some pages, bring those too; the full trial record can be obtained later. Advocate B.K. Singh usually reads the judgment against the depositions before advising, because the strongest point is often a witness the trial court quoted selectively. To discuss your papers, contact Advocate B.K. Singh.

Usually yes, if you file an application for condonation of delay under Section 5 of the Limitation Act with the appeal. The Delhi High Court is generally more understanding when a convict in jail appeals late against his own conviction than when the State files late. Explain the delay with dates: when the judgment was pronounced, when the copy was applied for and received, and what happened after that. A vague affidavit saying the family was poor and confused is the most common reason such applications get resisted.

Yes. A convict in jail can present an appeal through the jail superintendent, which is called a jail appeal. The jail sends it to the High Court, and the Delhi High Court Legal Services Committee assigns a lawyer free of cost to someone who cannot afford one. The legal aid clinic inside Tihar helps prisoners with the forms. The family can still engage a private lawyer later, who then files a vakalatnama in the same appeal instead of starting again.

Yes. Section 468 BNSS (old Section 428 CrPC) sets off the period spent in custody during investigation and trial in the same case against the term of imprisonment. So a person who spent two years as an undertrial and is sentenced to three has about one year left. Check the nominal roll carefully, because mistakes happen when someone was in custody in more than one case or was released and re-arrested. Set-off does not apply to imprisonment ordered only in default of paying a fine.

Yes. A victim has a statutory right to appeal against an acquittal, against conviction for a lesser offence, or against inadequate compensation, now under Section 413 BNSS (old proviso to Section 372 CrPC). Victim includes the legal heirs, and the Supreme Court has held that no leave of the High Court is needed for such an appeal. Against a Sessions Court acquittal, the appeal goes to the Delhi High Court. Apply for the certified copy at once. Our page on an appeal against acquittal has the details.

Ninety days from the acquittal, under Article 114 of the Limitation Act. The State's appeal is filed by the Public Prosecutor under Section 419 BNSS (old Section 378 CrPC) on the government's direction, and the High Court's leave is needed before it is heard. In cases investigated by the CBI, the direction comes from the Central Government. In practice the file moves slowly through the prosecution department, so a victim who wants an appeal should write to the prosecution branch with reasons quickly and keep a separate victim appeal ready.

If the case began on your complaint, you can ask the High Court for special leave to appeal under Section 419(4) BNSS (old Section 378(4) CrPC), and the application must be filed within 60 days of the acquittal, or six months if you are a public servant. If you are also the victim of the offence, the victim's appeal under Section 413 is available. Your lawyer will choose the route, but staying within 60 days avoids a delay objection on either. Read more on the rights of a victim in a criminal appeal.

Possibly, but the route depends on who is asking. The State can appeal against an inadequate sentence under Section 418 BNSS (old Section 377 CrPC). The victim's own statutory appeal covers acquittal, conviction for a lesser offence and inadequate compensation, but not a low sentence as such, so a victim usually approaches the High Court in revision instead. Either way, the High Court can enhance a sentence only after giving the convict notice and a chance to argue against it.

Yes. In April 2025 the Supreme Court held in Celestium Financial v. A. Gnanasekaran that the complainant in a Section 138 case is a victim and can appeal against an acquittal under the victim's right, without first asking for special leave. Such an appeal goes to the court that hears appeals against that Magistrate's convictions, normally the Sessions Court, while the older special leave route in the High Court still exists. Practice is still settling, so check the current position. More on cheque bounce appeals.

In some cases, yes. Section 148 of the Negotiable Instruments Act says the appeal court may order the convict to deposit at least 20 per cent of the fine or compensation. In Jamboo Bhandari (2023) the Supreme Court said this is the normal rule but not an absolute one, and an exception can be made for reasons recorded. If the Sessions Court treated the deposit as automatic and ignored a genuine case for waiver, that order can be challenged before the High Court. Expect the court to want some deposit in most cases.

You can ask for that. Under Section 467 BNSS (old Section 427 CrPC), a later sentence normally starts after the earlier one ends, unless the court directs that they run concurrently. The Supreme Court has allowed concurrent sentences in cheque cases that arise out of one transaction between the same parties. If the trial court did not consider this, raise it in the appeal or revision, or before the High Court. Without such a direction, four short sentences can add up to years.

Yes, through a revision against the order framing charge, which courts do not treat as a purely interlocutory order. The High Court will not weigh the evidence as a trial court would. It asks a narrower question: even if the prosecution material is accepted as it stands, does it raise a grave suspicion that you committed the offence? If it does not, the charge can be set aside. File within 90 days, and keep attending the trial unless a stay is granted. See discharge and framing of charges.

Both have the same revisional power, so it is a choice of strategy. The Sessions Court is closer and often faster, but if you lose there, Section 438(3) BNSS bars you from filing a second revision in the High Court, and only a Section 528 petition in exceptional cases remains. When Advocate B.K. Singh is asked to pick the forum, he first checks whether the complaint discloses an offence at all and whether you were heard before cognizance; if the whole case is legally flawed, the High Court is usually the better first stop. More on challenging a summoning order.

A revision, either to the Sessions Court or the High Court, against the dismissal under Section 226 BNSS (old Section 203 CrPC). The revision court checks whether the Magistrate ignored material that showed an offence or applied the wrong test. One point surprises complainants: the persons you accused have a right to be heard in that revision even though they were never summoned, so the court will issue notice to them. File within 90 days of the dismissal order.

Usually not. Section 438(2) BNSS (old Section 397(2) CrPC) bars revision against interlocutory orders, and orders on adjournments, summoning a witness or producing a document generally fall in that class. Note your objection on the record and raise it in the appeal if the trial ends in conviction. Only where an order causes real injustice that cannot be corrected later does the High Court step in, under its inherent power in Section 528 BNSS (old Section 482 CrPC).

No, not automatically. In 2024 a Constitution Bench of the Supreme Court, in High Court Bar Association, Allahabad v. State of U.P., held that interim stays do not end on their own after six months, and set aside the earlier rule from Asian Resurfacing (2018). A stay continues until the High Court varies or vacates it. Keep a copy of the latest order, which is available on the Delhi High Court's own website, and produce it before the trial court on every date.

It depends on the offence. If it is compoundable under Section 359 BNSS (old Section 320 CrPC), it can be compounded while the appeal is pending, with the appeal court's leave, and compounding has the effect of an acquittal. If it is not compoundable, the settlement does not wipe out the conviction, though the High Court may weigh it when reducing the sentence, especially in injury cases between neighbours or relatives. In serious offences such as rape or murder, a compromise carries very little weight.

Yes. The Probation of Offenders Act 1958 and Section 401 BNSS (old Section 360 CrPC) allow a court to release a convict on probation of good conduct instead of sending him to prison, and an appeal court can apply them too. The court looks at age, character, antecedents and the circumstances of the offence. Probation is not available for offences punishable with death or life imprisonment. It is worth raising for a young first offender in a minor case, supported by documents on his job, studies and family.

Rarely. Suspension of sentence keeps you out of jail, but the conviction remains, and service rules allow dismissal on conviction without a regular inquiry. In K.C. Sareen v. CBI (2001), the Supreme Court said a conviction under the Prevention of Corruption Act should not ordinarily be suspended. Courts stay a conviction only in exceptional cases, where the consequence would be irreversible and the appeal is strong on its face. If you are acquitted, you can then seek reinstatement, though back wages depend on the department's decision.

It may. Where the evidence against two accused is identical and the High Court rejects it for one, courts have in some cases extended the benefit to the co-accused who did not appeal. But you cannot rely on that happening on its own. The safer course is for your father to file his own appeal now, with an application for condonation of delay that points to the co-accused's acquittal on the same evidence. That reason for delay is usually taken seriously.

He has to surrender and serve the rest of the sentence; the High Court usually gives a short time to do so. The time spent on bail during the appeal does not count. The next step is a special leave petition in the Supreme Court, generally within 90 days. The Supreme Court's rules require a convict sentenced to imprisonment to surrender before the petition is heard, unless he files an application for exemption from surrender, which is decided first. See Supreme Court SLP.

A death sentence cannot be carried out unless the High Court confirms it. The Sessions Court must send the case to the High Court as a reference under Section 407 BNSS (old Section 366 CrPC), and a Division Bench hears the reference together with the convict's appeal. The High Court re-examines the whole evidence and the sentence. Since Manoj v. State of M.P. (2022), courts expect mitigation material on the convict's background, mental health and conduct in jail, so the defence should gather it early.

No. The route is an appeal under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act against the order granting or refusing bail. A fresh bail application under Section 483 BNSS directly in the High Court is generally not maintainable in such cases. The victim must be given notice and a chance to be heard, so give the victim's correct address in the papers to avoid adjournments. The appeal has to be filed within 90 days. More on SC/ST Act appeals.

Ninety days from the judgment, under Section 14A(3) of the SC/ST Act. The High Court can accept an appeal after 90 days for sufficient cause, but a proviso says no appeal shall be entertained after 180 days. Courts have differed on how strictly that outer limit applies, so do not plan on testing it. Apply for the certified copy on the day of the judgment and file well inside 90 days.

Yes, the marriage of a child is a recognised ground for parole under the Delhi Prison Rules 2018, provided he meets the conditions on time served and conduct. Apply through the jail at least a month in advance with the wedding card and proof of the date, because the police verification report takes time. If the application is rejected or not decided before the date, a criminal writ petition can be filed in the Delhi High Court. Our page on parole and furlough covers the process.

Not an absolute right. The Supreme Court said so in 2021 in a Gujarat case, while also recognising that furlough helps a long-term prisoner keep family ties and stay hopeful. Under the Delhi Prison Rules 2018 it depends on time served, conduct and the absence of recent punishments. A refusal must give reasons that fit the rules. A mechanical refusal, or one based only on the seriousness of the offence that led to the conviction, can be challenged by writ in the Delhi High Court.

No. A life sentence means imprisonment for the rest of one's life unless the government remits it. Section 475 BNSS (old Section 433A CrPC) says that where death was also a possible punishment, a life convict cannot be released before 14 years of actual custody. After that, the Delhi government's Sentence Review Board considers premature release under its policy. In 2025 the Supreme Court held that eligible convicts must be considered even without an application. See premature release.

Yes, by writ. The Delhi High Court has repeatedly held that the Board must give reasons and look at reformation: conduct in jail, work and education records, age, health, family support and the risk of reoffending, not merely repeat the nature of the crime or the police's objection. The court usually sends the case back for fresh consideration rather than ordering release itself. Advocate B.K. Singh first gets the minutes of the Board meeting and the jail conduct record, because the challenge rests on what the Board failed to consider.