No appeal in certain cases when accused pleads guilty
Section 416 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with 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; The Act came into force on 01 Jul 2024.
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.
Section 416, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 375 No Appeal in certain cases when accused pleads guilty Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Rajesh Kumar @ Rajesh Kr. Paswan vs The State of Bihar
Decided under Code of Criminal Procedure 375, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a criminal appeal is subject to prohibition under Section 375 CrPC affecting its maintainability, and when the revisional power of the High Court is eclipsed by the facts of the case, the High Court may permit withdrawal of the appeal to enable the appellant to pursue alternative constitutional remedies under Articles 226 and 227 of the Constitution of India.
On this section: Prohibition on maintainability of appeal; the court noted that Section 375 CrPC creates a prohibition that affects the maintainability of the criminal appeal
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Inderjit Singh vs State
Decided under Code of Criminal Procedure 375, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
An appeal against conviction based on a voluntary guilty plea is not maintainable under Section 375 Cr.P.C., but an appeal against the extent of sentence is maintainable. In cases where the appellant is a first-time offender and has already undergone substantial imprisonment, the sentence may be reduced to the period already undergone as a matter of sentencing discretion and judicial compassion.
On this section: Grounds for appeal in criminal cases - court held that appeal against conviction based on voluntary guilty plea is not maintainable under this section
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 416
What have the courts held on Section 416 of the Bharatiya Nagarik Suraksha Sanhita?
Rajesh Kumar @ Rajesh Kr. Paswan vs The State of Bihar (29 Apr 2019) is the leading judgment on this section among those set out below, though it was decided under CRPC 375, which this section replaced -- the court never mentioned this Act: Prohibition on maintainability of appeal; the court noted that Section 375 CrPC creates a prohibition that affects the maintainability of the criminal appeal. Another 1 judgment on this section is set out below. They run from 2009 to 2019.
How do I find court cases under Section 416 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 416, section 416 BNSS, section 416 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Rajesh Kumar @ Rajesh Kr. Paswan vs The State of Bihar (29 Apr 2019).
What should I read with Section 416 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 415 (Appeals from convictions), so none of them can safely be read on its own. It carries forward CrPC 375 (No Appeal in certain cases when accused pleads guilty), so the judgments decided under that provision are the case law on this one.
When did Section 416 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 416 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 416, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.