Writs & Supreme Court

Criminal Appeal to the Supreme Court under Section 420 BNSS

A Criminal Appeal is a substantive petition filed before the Supreme Court of India to challenge a final judgment, sentence, or order of a High Court in a criminal proceeding. It seeks to have the Supreme Court re-examine the evidence and law to overturn a conviction or modify a sentence.

This appeal is filed under the Supreme Court's criminal appellate jurisdiction. It is instituted either as an appeal as-of-right under Section 420 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) read with Article 134 of the Constitution, or as a regular appeal after the grant of special leave to appeal under Article 136 of the Constitution.

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Governing law
Bharatiya Nagarik Suraksha Sanhita 2023, ss.415, 420 (CrPC ss.374, 379) + Constitution Art.134 (enlarged by the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act 1970 to cover life / ≥10 year sentences on reversed acquittals) + Art.136 (post-SLP leave) + SC Rules 2013, Order XX (Criminal Appeals) / Order XXII (SLP Criminal)
Sections
s. BNSS s.420s. BNSS s.415(1)s. Article 134s. Article 136s. Order XXs. Order XXII Rule 2(i)
Filed before
Supreme Court of India (Criminal Appellate Jurisdiction)

When this is the right filing

  • The High Court, on appeal, has reversed an order of acquittal and convicted the accused, sentencing them to death, imprisonment for life, or imprisonment for ten years or more.
  • The High Court has convicted the accused in its extraordinary original criminal jurisdiction.
  • The Supreme Court has granted leave on a Special Leave Petition (Criminal) and the matter is now to be registered and heard as a substantive Criminal Appeal.
  • Do not use this document for a Special Leave Petition (Criminal) at the pre-leave stage; a separate SLP format is required for seeking leave to appeal.

What the court looks for

  • A clear statement of the substantial question of law involved or a demonstration of a manifest and gross miscarriage of justice.
  • A detailed synopsis and list of dates establishing the procedural history and the factual context of the alleged error.
  • Grounds framed as interrogatives that pinpoint the specific errors of law or fact committed by the High Court.
  • A specific prayer for interim relief, including suspension of sentence and bail, if the appellant is in custody.
  • A complete set of annexures, with the impugned High Court judgment always marked as Annexure A-1.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Index
  2. 2Office report on limitation
  3. 3Proforma for first listing
  4. 4Synopsis
  5. 5List of dates & events
  6. 6Question of law
  7. 7Declaration in terms of rule 2(2)
  8. 8Declaration in terms of rule 4
  9. 9Grounds
  10. 10Ground for interim relief
  11. 11Main prayer
  12. 12Prayer for interim relief
  13. 13Certificate
  14. 14Affidavit
  15. 15Appendix-i
  16. 16An application for condonation of delay in filing the criminal appeal
  17. 17An application for suspension of sentence and bail pending appeal
How it opens
In the light of the foregoing, it is respectfully submitted that the Impugned Judgment warrants interference by this Hon'ble Court and it is expedient and necessary in the interest of justice that this Hon'ble Court may graciously be pleased to [relief prayed in short], failing which the Appellant shall suffer irreparable loss and injury.

Bracketed items are filled from your case.

Frequently asked questions

What is the difference between a Criminal Appeal filed as-of-right and one filed after grant of special leave?

An as-of-right appeal under Section 420 BNSS and Article 134 is filed directly when the High Court reverses an acquittal and imposes a sentence of ten years or more, life, or death. A post-leave appeal is filed after the Supreme Court grants leave on a Special Leave Petition under Article 136, and the SLP is then converted into a Criminal Appeal.

Is it mandatory to file an application for suspension of sentence with a Criminal Appeal?

An application for suspension of sentence and bail under Section 430 BNSS is included in every Criminal Appeal where the appellant is in custody. It is a prayer for interim relief sought alongside the main prayer to set aside the conviction.

What is the core ground for an appeal against the reversal of an acquittal?

The core ground is that the High Court wrongly applied the standard for reversing an acquittal. The appeal must demonstrate that the High Court's view of the evidence was not a possible view, and the reversal was perverse, rather than merely arguing that another view was possible.

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