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? I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

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). The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

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 the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under BNSS 2023 s.413-414 (appeals) carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. 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 this practice area.