Criminal

Criminal Appeal Against Conviction and Sentence under BNSS

A criminal appeal against conviction and sentence is a formal challenge to a trial court's judgment holding the accused guilty and imposing a punishment. It seeks to have the appellate court re-examine the evidence and legal reasoning to set aside the conviction, acquit the appellant, or reduce the sentence.

This document constitutes the complete paper-book or memorandum of appeal filed under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). It is the primary pleading that frames the factual narrative, lists the legal infirmities in the impugned judgment, and concludes with the specific relief sought from the appellate court.

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Governing law
BNSS 2023 ss.415/419/427/430
Sections
s. 415s. 419s. 427s. 430
Filed before
Court of Session / High Court

When this is the right filing

  • When a trial court or magistrate has convicted the accused and passed a sentence of imprisonment or fine, and the convicted person wishes to challenge the finding of guilt.
  • When the appeal is directed against the conviction itself, the severity of the sentence, or both.
  • When filing before the Court of Session against a judgment of a Magistrate, or before the High Court against a judgment of a Sessions Court or a Magistrate where a direct appeal lies.
  • When the record of the trial court contains material irregularities, errors in the appreciation of evidence, or misapplication of law that vitiate the judgment.
  • Do not use this document for a revision petition, which challenges jurisdictional errors or procedural irregularity without re-appreciating evidence, or for a mere application for suspension of sentence, which is a separate, ancillary filing.

What the court looks for

  • A clear identification of the impugned judgment, including the court, case number, and date of the conviction and sentence order.
  • A concise synopsis and list of dates that establish the procedural history and demonstrate that the appeal is within the limitation period.
  • Specific grounds of appeal, each framed as a complete sentence, that pinpoint the exact infirmities in the trial court's reasoning or appreciation of evidence.
  • A properly structured memorandum with a prayer clause that clearly states whether the appellant seeks acquittal, a retrial, or a modification of the sentence.
  • Complete annexures supporting the grounds, with all exhibited documents and depositions referenced in the appeal properly indexed and paginated.

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. 1Listing proforma
  2. 2Index
  3. 3Court fee
  4. 4Notice of motion
  5. 5Urgent application
  6. 6Memo of parties
  7. 7Synopsis
  8. 8List of dates & events
  9. 9Facts
  10. 10Grounds
  11. 11Prayer
  12. 12Affidavit in support
  13. 13Annexures
  14. 14Vakalatnama
  15. 15Proof of service
How it opens
Kindly take notice that the accompanying criminal appeal in the above-noted matter is being filed on behalf of the Appellant and is likely to be listed before this Hon'ble Court on [listing date] or any date thereafter. Please take notice accordingly.

Bracketed items are filled from your case.

Frequently asked questions

Is the paper-book format the same for the High Court and the Court of Session?

The core components—Index, Memo of Parties, Synopsis, Memorandum of Appeal, and Affidavit—remain the same. However, the Delhi High Court wrapper, which includes the Listing Proforma and Urgent Application to the Registrar, is specific to that court and must be omitted or adapted for the Court of Session or other High Court seats.

Who must be impleaded as a respondent in this appeal?

The State is the primary respondent. In a case arising from a private complaint, the complainant must be impleaded as a second respondent. If the appeal challenges a compensation or fine order, the victim may also be a necessary party.

Can I include a prayer for bail in this memorandum of appeal?

The memorandum itself contains only an interim prayer for the suspension of sentence. A formally titled, separate application for suspension of sentence and bail pending appeal under Section 430 of the BNSS is ordinarily filed alongside this document.

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