Appeal against conviction by High Court in certain cases
Section 420 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with appeal against conviction by High Court in certain cases. Where the High Court has, on appeal, reversed an order of acquittal of an accused person and convicted him and sentenced him to death or to imprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the Supreme Court. The Act came into force on 01 Jul 2024.
Where the High Court has, on appeal, reversed an order of acquittal of an accused person and convicted him and sentenced him to death or to imprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the Supreme Court.
Section 420, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 379 Appeal against conviction by High Court in certain cases Text carried over almost unchanged 100%
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 The repealed enactment still governs what happened while it was in force.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.
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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Constable 907 Surendra Singh vs State Of Uttarakhand
Decided under Code of Criminal Procedure 379, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Mere presence of an accused in the same vehicle with the actual perpetrator of a crime is insufficient to establish common intention under Section 34 IPC. For conviction under Section 34 IPC, the prosecution must establish prior meetings of minds, preplanning, and shared common intention to commit the specific crime. The absence of such evidence cannot be cured by mere presence at the scene or in the same vehicle. An appellate court can only reverse an acquittal if the trial court judgment suffers from patent perversity, is based on misreading or omission of material evidence, or if only one conclusion of guilt is possible from the evidence on record.
On this section: Appeal by accused against conviction - Procedure for appellants to challenge conviction orders
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Musa Khan @ Baba Khan vs State of Gujarat
Decided under Code of Criminal Procedure 379, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Criminal appeals challenging convictions can only succeed if the appellants demonstrate substantial legal grounds such as misapplication of law, procedural violations, or findings that are perverse or clearly unreasonable. Mere disagreement with the lower court's interpretation of evidence or arguments already rejected by the High Court do not constitute sufficient grounds for Supreme Court interference.
On this section: The Court applied appellate jurisdiction procedures for reviewing criminal convictions from High Courts. The standard of review and grounds available for setting aside convictions are governed by CrPC provisions.
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Ram Lochan(died) vs State of U.p.
Decided under Code of Criminal Procedure 379, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
An interlocutory order, such as issuance of a notice by a magistrate under Sections 111/112 Cr.P.C., cannot be challenged through revision under Section 379(2) Cr.P.C., and the High Court will not exercise its discretionary jurisdiction under Section 482 Cr.P.C. to quash such notice when the applicants have an adequate opportunity to contest the matter before the court below by responding to the notice and presenting their defense.
On this section: Revision against interlocutory orders is not maintainable. The court applied this section to explain why the Sessions Judge correctly rejected the revision petition.
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… has been filed under article 226 of the Constitution of India, 1950 read with section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( hereinafter 'BNSS' ) seeking issuance of direction, order or appropriate writ(s) for quashing the FIR No. 116/21 dated 05.05.2021 registered at Police Station Lodhi Colony under section 420/269/188/120B/34 of the Indian Penal Code ( hereinafter ' IPC '). - 2. Briefly stated the case of the prosecution as stated in the status report is that on 05.05.2021, the SHO, PS Lodhi Colony while patrolling found that a restaurant, with the name and style of Nege & Ju in Central Market, Lodhi Colony, New Delhi …
Questions about Section 420
What have the courts held on Section 420 of the Bharatiya Nagarik Suraksha Sanhita?
Constable 907 Surendra Singh vs State Of Uttarakhand (11 Feb 2013) is the leading judgment on this section among those set out below, though it was decided under CRPC 379, which this section replaced -- the court never mentioned this Act: Appeal by accused against conviction - Procedure for appellants to challenge conviction orders. Another 2 judgments on this section are set out below, 2 of them from the Supreme Court. They run from 2007 to 2020.
How do I find court cases under Section 420 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 420, section 420 BNSS, section 420 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 420 ipc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Constable 907 Surendra Singh vs State Of Uttarakhand (11 Feb 2013).
What should I read with Section 420 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 379 (Appeal against conviction by High Court in certain cases), so the judgments decided under that provision are the case law on this one.
When did Section 420 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 420 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 420, 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.