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CHAPTER XXXI APPEALS

Section 417: No appeal in petty cases

The Bharatiya Nagarik Suraksha Sanhita, 2023

Notwithstanding anything in section 415, there shall be no appeal by a convicted person in any of the following cases, namely: —

(a) where a High Court passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine;

(b) where a Court of Session passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine;

(c) where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees; or

(d) where, in a case tried summarily, a Magistrate empowered to act under section 283 passes only a sentence of fine not exceeding two hundred rupees: Provided that an appeal may be brought against any such sentence if any other punishment is combined with it, but such sentence shall not be appealable merely on the ground—

(i) that the person convicted is ordered to furnish security to keep the peace; or

(ii) that a direction for imprisonment in default of payment of fine is included in the sentence; or

(iii) that more than one sentence of fine is passed in the case, if the total amount of fine imposed does not exceed the amount hereinbefore specified in respect of the case.

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

1 question in 8 of our papers cite Section 417. Try these from the free papers:

  1. 1. Under Section 417 of the BNSS (no appeal in petty cases), in which of the following cases does NO appeal lie by the convicted person, assuming no other punishment is combined with the sentence?

Practise questions on Bharatiya Nagarik Suraksha Sanhita