How do I file an appeal against a criminal conviction?

Question

I have been convicted by the trial court and want to appeal. What is the process, timeline and which court do I approach? Specifically, I want to know how BNSS 2023 s.413-414 (appeals) applies to a situation like mine and what the criminal law position in India actually is. If there is a deadline I should be aware of, I need to know that now.

MyVakeel Legal Desk · Accepted Answer

How do I file an appeal against a criminal conviction? is governed in India primarily by BNSS 2023 s.413-414 (appeals) and BNSS 2023 s.430 (suspension of sentence pending appeal). Outcomes in criminal appeal disputes depend heavily on documentation, so check what you can actually evidence as you read.

An appeal against conviction lies from a Magistrate's order to the Sessions Court, and from a Sessions Court conviction to the High Court, under BNSS s.413-414, generally within 30-60 days of the judgment depending on the sentence and forum, though delay can be condoned for sufficient cause.

Along with the appeal, you should file an application under BNSS s.430 seeking suspension of the sentence and release on bail pending the appeal, since without this you may have to surrender and serve the sentence while the appeal is pending.

The appellate court can re-appreciate evidence, reverse acquittal into conviction or vice versa, alter the conviction to a different offence, or modify the sentence, but generally gives weight to the trial court's assessment of witness credibility unless it is perverse.

You must obtain certified copies of the judgment, deposition of witnesses and exhibits from the trial court to file a proper appeal memo setting out the specific grounds of challenge (misreading of evidence, wrong application of law, etc.).

If the appeal is also dismissed, a further remedy lies by way of a revision or a Special Leave Petition to the Supreme Court under Article 136 of the Constitution in appropriate cases involving substantial questions of law or grave injustice.

What to do next: 1) Obtain certified copies of the judgment and case record immediately after conviction; 2) File the appeal within the limitation period before the Sessions Court or High Court as applicable; 3) Simultaneously move an application for suspension of sentence and bail pending appeal; 4) Prepare detailed grounds of appeal highlighting factual and legal errors in the trial court's judgment.

If you are unsure whether your facts fall inside BNSS 2023 s.413-414 (appeals), that is worth checking with an advocate before you commit to a route, because switching later costs time. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in criminal law.