Section 413: No appeal to lie unless otherwise provided

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

4 questions in 7 of our papers cite Section 413. Try these from the free papers:

1. 1. A Judicial Magistrate First Class acquits X of an offence under Section 304A read with Section 34 IPC. V, the victim, wants to challenge the acquittal. Following the Supreme Court's ruling of 22 September 2026 in Subhas Chandra Sarkar v. State of West Bengal, V's appeal lies to:

   A.the High Court as of right, since every appeal against an acquittal must be heard by the High CourtB.the Court of Session, as an appeal against a conviction by such a Magistrate ordinarily lies thereC.the Chief Judicial Magistrate, as the court that exercises supervision over the trial MagistrateD.the High Court, but only after V first obtains special leave to appeal under Section 419 of the BNSS
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2. 2. Under the proviso to Section 413 of the BNSS, the victim has a right to prefer an appeal against an order of the Court doing any of the following, EXCEPT:

   A.convicting the accused for a lesser offenceB.imposing inadequate compensationC.acquitting the accusedD.imposing an inadequate sentence on the accused
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3. 3. In Mallikarjun Kodagali v. State of Karnataka (2018), the Supreme Court considered the victim's right of appeal against acquittal under the proviso to Section 372 CrPC (now the proviso to Section 413 BNSS). It held that the victim:

   A.must obtain special leave from the High Court within sixty days of the acquittalB.may appeal only if the State Government has decided not to appealC.may appeal only against an acquittal recorded by a Court of SessionD.is not required to seek leave to appeal from the High Court
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