A conviction by a trial court is not always the final word. Indian criminal law gives an accused person, and in some cases the State or the victim, a statutory right to have the judgment re-examined by a higher court. Appeals are time-bound and technical, however, and a missed deadline or a poorly drafted ground can cost a strong case its best chance.
This guide explains how criminal appeals work in Delhi under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure on 1 July 2024. It covers:
- which court hears your appeal
- the limitation periods
- how to seek bail or suspension of sentence while the appeal is pending
- the documents you need
- when to consult a criminal appeal lawyer in Delhi
What Is a Criminal Appeal?
A criminal appeal is a request to a higher court to examine whether a lower court’s judgment was correct on facts, law, or both. Unlike a fresh trial, the appellate court normally decides on the existing trial record: the evidence, witness statements, exhibits and the judgment.
There is no inherent right of appeal in criminal cases. Section 413 BNSS (formerly Section 372 CrPC) says that no appeal lies except as the Sanhita or another law provides. Its proviso preserves the victim’s right to appeal against acquittal, conviction for a lesser offence, or inadequate compensation. open-exam-prep
An appeal can challenge the conviction itself, the sentence, or both.
Criminal Appeal Laws in India After BNSS 2023
Chapter XXXI of the BNSS governs criminal appeals. The key provisions are:
| BNSS Section | Old CrPC Section | What It Covers |
| 413 | 372 | No appeal unless provided; victim’s right of appeal |
| 415 | 374 | Appeals from convictions |
| 416 | 375 | Limited appeal where the accused pleaded guilty |
| 418 | 377 | State appeal against inadequate sentence |
| 419 | 378 | Appeal against acquittal |
| 420 | 379 | Appeal to Supreme Court in certain High Court convictions |
| 427 | 386 | Powers of the appellate court |
| 430 | 389 | Suspension of sentence and bail pending appeal |
| 432 | 391 | Taking additional evidence |
The time limits for filing appeals are not in the BNSS. They come from Articles 114 and 115 of the Schedule to the Limitation Act, 1963.
Where Does a Criminal Appeal Lie in Delhi?
The correct forum depends on which court convicted or acquitted the accused.
| Trial Court | Appeal Against Conviction Lies To |
| Magistrate (Judicial Magistrate / Metropolitan Magistrate) | Court of Session (the district Sessions Courts across Delhi) |
| Sessions Judge or Additional Sessions Judge | Delhi High Court |
| Delhi High Court (original jurisdiction) | Supreme Court of India |
Appeal Against Acquittal in Delhi
Under Section 419 BNSS:
- Magistrate acquittals: The State may direct the Public Prosecutor to appeal to the Court of Session against a Magistrate’s acquittal in cognizable, non-bailable offences.
- Other acquittals: Other acquittals go to the High Court with its leave.
- Private complaint cases: In a case instituted on complaint, the complainant must obtain special leave. open-exam-prep
A victim can also appeal under the proviso to Section 413. The Supreme Court held in Mallikarjun Kodagali v. State of Karnataka (2018) that a victim exercising this right does not need leave to appeal.
Appeals to the Supreme Court
After the Delhi High Court decides a criminal appeal, the usual further remedy is a Special Leave Petition (SLP) under Article 136 of the Constitution. A statutory appeal under Section 420 BNSS lies only where the High Court reverses an acquittal and imposes a serious sentence.
An Important 2026 Clarification
In Vishnu Kumar Gupta v. State of Madhya Pradesh (30 July 2026), the Supreme Court addressed a specific situation. A Sessions Court, while hearing an appeal against acquittal, had convicted the accused for the first time. The Court held that an appeal under Section 374 CrPC (Section 415 BNSS) is not maintainable against such a conviction. The remedy lies in revision. Choosing the correct remedy is therefore as important as the merits. keralalawacademy
Time Limits for Filing a Criminal Appeal
Limitation is one of the most common reasons appeals fail. The general periods are:
- Appeal against conviction: 30 days to the Court of Session and 60 days to the High Court, running from the date of sentence. ipleaders
- Death sentence: 30 days.
- State appeal against acquittal under Section 419: 90 days.
- Complainant’s application for special leave against acquittal: 6 months if the complainant is a public servant; 60 days in other cases.
- SLP to the Supreme Court: generally 90 days from the High Court judgment.
Courts may condone delay under Section 5 of the Limitation Act if there is “sufficient cause.” The time spent obtaining a certified copy of the judgment is excluded under Section 12. Do not rely on condonation, though. File as early as possible.
Step-by-Step Criminal Appeal Procedure in Delhi
- Obtain the certified copy. Apply immediately for certified copies of the judgment and the order on sentence.
- Review the trial record. Your advocate studies the depositions, exhibits, the FIR, the chargesheet and the reasoning of the trial court.
- Identify the correct forum and remedy. This means deciding between an appeal, a revision, or a petition under Section 528 BNSS (inherent powers of the High Court).
- Draft the memorandum of appeal. It sets out concise grounds: errors in appreciating evidence, legal misdirection, procedural irregularities and sentencing issues.
- File the appeal with supporting applications. These may include applications for suspension of sentence, bail, condonation of delay, or exemption from filing certified copies.
- Admission hearing. Under Section 425 BNSS, the appellate court may summarily dismiss an appeal it finds has no sufficient ground. Otherwise it admits the appeal and calls for the trial court record.
- Final hearing. Both sides argue on the record. The court may take additional evidence under Section 432 BNSS where necessary.
- Judgment. Under Section 427 BNSS, the court may:
- dismiss the appeal
- reverse the finding and acquit
- order a retrial
- alter the finding or sentence
- The court cannot enhance a sentence without giving the accused an opportunity to be heard.
Documents Required for a Criminal Appeal
- Certified copy of the trial court judgment and the order on sentence
- Copies of the FIR, chargesheet and charges framed
- Witness depositions and documentary exhibits
- Custody certificate (if the appellant is in jail)
- Vakalatnama in favour of the advocate
- Previous bail orders, if any
Suspension of Sentence and Bail Pending Appeal
Criminal appeals in the Delhi High Court can take years to be finally heard. Section 430 BNSS therefore allows the appellate court to suspend the sentence and release the appellant on bail while the appeal is pending. In the Delhi High Court, such applications are filed under Section 430 and Section 528 of the BNSS, seeking suspension of sentence and release of the appellant on bail during the pendency of the appeal. delhihighcourt
Courts generally weigh:
- the nature and gravity of the offence
- the length of sentence and the period already undergone
- whether the appeal raises arguable points
- the likely delay in hearing the appeal
- the conduct of the appellant during trial and bail
For shorter sentences, the trial court itself can grant temporary bail so that the convicted person has time to file the appeal.
Common Grounds of Appeal and Mistakes to Avoid
Typical Grounds Raised
- Conviction based on unreliable, contradictory or “interested” witness testimony
- Broken chain of circumstantial evidence
- Defects in recovery, seizure or forensic procedure
- Non-compliance with mandatory statutory safeguards
- Failure to consider defence evidence
- A disproportionate sentence, or a failure to consider mitigating circumstances
Appeals Against Acquittal Face a Higher Bar
An acquittal reinforces the presumption of innocence. The Supreme Court in Chandrappa v. State of Karnataka (2007) described this as a “double presumption” in the accused’s favour. Appellate courts interfere only when the trial court’s view is perverse or legally unsustainable, not merely because another view is possible.
Mistakes to Avoid
- Waiting for the certified copy before consulting a lawyer, which wastes limitation time
- Filing in the wrong forum or choosing the wrong remedy
- Drafting vague grounds that do not point to specific errors in the record
- Seeking a re-trial of facts instead of showing concrete legal or factual errors
- Ignoring the surrender or bail conditions attached to the conviction
How a Criminal Appeal Lawyer in Delhi Can Help
Appellate advocacy is a distinct skill from trial practice. Success depends on close reading of the record, precise drafting and persuasive legal argument. A criminal appeal lawyer in Delhi can:
- assess whether the case has genuine appellate merit
- identify the correct forum and file within limitation
- draft focused grounds supported by the trial record
- move urgent applications for suspension of sentence and bail
- represent you at admission and final hearings in Delhi courts
- advise on further remedies, including an SLP before the Supreme Court
Choosing the Right Criminal Appeal Lawyer in Delhi
Look for an advocate with regular practice before the Delhi High Court and Sessions Courts, clear communication about realistic outcomes, and transparent fees. No ethical lawyer can guarantee the result of an appeal. Be cautious of anyone who promises one.
If you cannot afford a lawyer, you may be eligible for free legal aid through the Delhi High Court Legal Services Committee or the Delhi State Legal Services Authority.
Frequently Asked Questions
- What is the time limit to file a criminal appeal in Delhi High Court?
An appeal against conviction to the High Court must generally be filed within 60 days from the date of sentence. The limit is 30 days for a death sentence. Delay may be condoned for sufficient cause. - Can I get bail after being convicted if I file an appeal?
Yes. Under Section 430 BNSS, the appellate court can suspend the sentence and release you on bail while the appeal is pending. The decision depends on the facts, the sentence and the strength of the appeal. - Can a victim appeal against acquittal in India?
Yes. The provision to Section 413 BNSS allows a victim to appeal against an acquittal, a conviction for a lesser offence, or inadequate compensation. The appeal goes to the court that would ordinarily hear an appeal against conviction. - What is the difference between a criminal appeal and a criminal revision?
An appeal is a statutory right to have the case reconsidered on facts and law. Revision, under Sections 438 and 442 BNSS, is a supervisory power to correct illegality or impropriety. Revision generally does not lie where an appeal is available. - Can new evidence be produced in a criminal appeal?
Only in limited circumstances. Section 432 BNSS allows the appellate court to take additional evidence if it considers it necessary, recording its reasons. - Is there an appeal if the accused pleaded guilty?
Under Section 416 BNSS, no appeal lies against a conviction on a plea of guilty. However, the extent or legality of the sentence can still be challenged.
Conclusion
A criminal appeal is often the most important stage of a criminal case. It is the opportunity to correct errors in how evidence was assessed, how the law was applied, or how the sentence was decided.
Under BNSS 2023, the right forum, the correct remedy and strict compliance with limitation periods are essential. Relief such as suspension of sentence can make an enormous practical difference while the appeal is pending.
Every appeal turns on its own record, so general information cannot replace a careful review of your case. If you or a family member wish to challenge a conviction, sentence or acquittal, consult an experienced criminal appeal lawyer in Delhi as soon as the judgment is pronounced. This keeps every available remedy open.
