Section 390 of BNSS : Section 390: Appeals from convictions under sections 383, 384, 388 and 389.

Explanation using Example

Example 1:

Ravi was convicted by a District Court under Section 384 of the Bharatiya Nagarik Suraksha Sanhita 2023 for extortion. He was sentenced to three years in prison. Ravi believes that the evidence against him was insufficient and that the sentence was too harsh. Under Section 390, Ravi can appeal his conviction and sentence to the High Court, which is the appellate court for the District Court. The High Court will review the case, and it has the power to alter or reverse the finding or reduce or reverse the sentence.

Example 2:

Sita was convicted by a Court of Small Causes under Section 388 of the Bharatiya Nagarik Suraksha Sanhita 2023 for fraudulent removal or concealment of property. She was fined Rs. 50,000. Sita feels that the conviction was unjust and decides to appeal. According to Section 390, her appeal will be heard by the Court of Session for the sessions division in which the Court of Small Causes is located. The Court of Session will review the case and has the authority to change or overturn the conviction or modify the sentence.

Example 3:

Manoj was convicted by a Sub-Registrar, who is deemed to be a Civil Court under Section 386, for an offense under Section 389 of the Bharatiya Nagarik Suraksha Sanhita 2023, which deals with putting a person in fear of accusation of offense to extort property. Manoj was sentenced to two years in prison. Manoj believes that the Sub-Registrar made an error in the judgment. Under Section 390, Manoj can appeal to the Court of Session for the sessions division where the Sub-Registrar's office is located. The Court of Session will review the case and has the power to alter or reverse the finding or reduce or reverse the sentence.

Example 4:

Anita was convicted by a Magistrate Court under Section 383 of the Bharatiya Nagarik Suraksha Sanhita 2023 for theft. She was sentenced to one year in prison. Anita feels that the trial was unfair and that she was wrongly convicted. According to Section 390, Anita can appeal her conviction to the Sessions Court, which is the appellate court for the Magistrate Court. The Sessions Court will review the case and has the authority to change or overturn the conviction or modify the sentence.