Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 416: No appeal in certain cases when accused pleads guilty
Notwithstanding anything in section 415, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal,—
- (i) if the conviction is by a High Court; or
- (ii) if the conviction is by a Court of Session or Magistrate of the first or second class, except as to the extent or legality of the sentence.
Brefe Detail
Section 416 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the restrictions on appeals in certain cases where the accused has pleaded guilty and been convicted. It specifies that if an accused pleads guilty and is convicted, no appeal will be allowed in the following circumstances:
- If the conviction is made by the High Court.
- If the conviction is made by a Court of Session or Magistrate of the first or second class, except concerning the extent or legality of the sentence.
Question & Answers
Q: What is the primary condition under Section 416 for there to be no appeal?
A: There will be no appeal if the accused person has pleaded guilty and been convicted on that plea.
Q: In which cases is an appeal not allowed even if the accused pleads guilty?
A: An appeal is not allowed if the conviction is by:
- A High Court, or
- A Court of Session or Magistrate of the first or second class (except as to the extent or legality of the sentence).
Q: Can an accused appeal the sentence if convicted by a Court of Session or Magistrate after pleading guilty?
A: Yes, the accused can appeal the extent or legality of the sentence, but not the conviction itself.
Example
Example 1:
An accused person pleads guilty in a Court of Session and is convicted. The accused cannot appeal the conviction, but if there is an issue with the sentence's extent or legality, an appeal can be filed regarding that specific aspect.
Example 2:
A person pleads guilty to a crime in a Magistrate's Court (first or second class). The accused cannot appeal the conviction, but if the sentence imposed is excessive or illegal, they can appeal that part of the judgment.
Summary
Section 416 restricts the right to appeal in cases where the accused has pleaded guilty and been convicted. There is no appeal allowed in cases where the conviction is made by a High Court, or by a Court of Session or Magistrate of the first or second class, except when questioning the extent or legality of the sentence.
