Section 431 of BNSS : Section 431: Arrest of accused in appeal from acquittal.
BNSS
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Explanation using Example
Example 1:
Rajesh was acquitted by the trial court in a case of alleged embezzlement of funds. The prosecution, dissatisfied with the acquittal, decided to file an appeal under Section 419 of The Bharatiya Nagarik Suraksha Sanhita 2023. The High Court, upon receiving the appeal, issued a warrant for Rajesh's arrest. Rajesh was subsequently arrested and brought before the High Court. The High Court decided to commit Rajesh to prison pending the disposal of the appeal, considering the seriousness of the charges and the risk of him absconding.
Example 2:
Meera was acquitted by the trial court in a case involving charges of fraud. The state, believing that the trial court erred in its judgment, filed an appeal under Section 419 of The Bharatiya Nagarik Suraksha Sanhita 2023. The High Court issued a warrant for Meera's arrest. Meera was arrested and brought before a subordinate court. After considering her clean record and the nature of the case, the subordinate court decided to admit Meera to bail while the appeal was pending, allowing her to remain free under certain conditions until the High Court made a final decision on the appeal.