A criminal conviction does not always mean that the legal process has ended. A person who has been convicted by a criminal court may have a right to challenge the conviction or sentence before a higher court, depending on the nature of the case and the court that passed the order.
In India, the law relating to criminal appeals is now primarily governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which came into force on 1 July 2024. The BNSS contains provisions dealing with appeals from criminal convictions, appeals against acquittals, and other criminal orders.
The Supreme Court of India also deals with criminal appeals arising from High Courts and, in appropriate cases, may exercise its special leave jurisdiction under Article 136 of the Constitution.
For an accused person, understanding how a criminal appeal works is important because an appeal is not simply a second trial. The appellate court examines the judgment, evidence, legal issues and grounds raised by the appellant within the limits of its appellate jurisdiction.
What Is a Criminal Appeal?
A criminal appeal is a legal remedy through which a person challenges a conviction, sentence or certain other criminal orders before a higher court.
For example, if a person is convicted by a Sessions Court, the law may provide for an appeal to the High Court. Similarly, in appropriate cases, a person may approach the Supreme Court against a High Court decision.
The Supreme Court explains that its appellate jurisdiction includes appeals provided by the Constitution and laws, while Article 136 gives it a wide discretionary power to grant special leave to appeal against judgments, orders or sentences passed by courts and tribunals in India.
Therefore, an accused person should first determine which court passed the conviction and what type of appeal is legally available.
Who Can File a Criminal Appeal?
A convicted person can file an appeal where the law provides such a right.
Under Section 416 of the BNSS, a person convicted in a trial conducted by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.
A person convicted by a Sessions Judge or Additional Sessions Judge, or convicted by another court where imprisonment of more than seven years has been imposed, may appeal to the High Court.
For certain convictions by Magistrates, the appeal may lie before the Court of Session.
The exact appellate remedy therefore depends on the court that passed the judgment, the sentence imposed and the applicable law.
Criminal Appeal Is Not Automatically Available in Every Case
One important point for accused persons is that every criminal order does not automatically create an unrestricted right of appeal.
The BNSS contains specific provisions where an appeal may not be available.
For example, where an accused pleads guilty and is convicted on that plea, the right to appeal can be restricted. Under Section 417 of the BNSS, in certain such cases, an appeal is not available against the conviction, although an appeal concerning the extent or legality of the sentence may remain available in specified circumstances.
The BNSS also contains restrictions relating to certain petty cases.
This is why the judgment, sentence and manner of conviction should be examined before deciding the next legal step.
Can an Accused Challenge the Sentence?
Yes, in appropriate cases, an accused may challenge the sentence imposed by the criminal court.
An appeal may raise issues concerning:
- The conviction itself
- The sentence imposed
- The interpretation of the applicable criminal law
- The appreciation of evidence
- Procedural irregularities
- Violation of legal or constitutional rights
- Whether the evidence was sufficient to support the conviction
- Whether the sentence is legally sustainable
However, the available grounds depend on the facts and legal provisions applicable to the particular case.
The appellate court does not simply reconsider a case without reference to the record. The appeal must be supported by proper legal grounds.
What Happens After a Criminal Appeal Is Filed?
Under Section 423 of the BNSS, an appeal is made through a written petition presented by the appellant or the advocate, generally accompanied by a copy of the judgment or order being challenged.
If the appellant is in jail, Section 424 provides a mechanism through which the appeal petition and accompanying documents can be submitted through the officer in charge of the jail for forwarding to the appropriate appellate court.
After filing, the appellate court examines the appeal according to the applicable procedure.
In some cases, the court may issue notice, call for records and hear the parties before deciding the matter.
Right to Legal Representation Is Important
Effective legal representation is an important part of a fair criminal proceeding.
The Supreme Court has recently emphasized the importance of meaningful legal representation in criminal appeals, particularly in serious cases involving life imprisonment or capital punishment.
In a 2026 judgment, the Court discussed situations where the accused’s counsel is absent and an amicus curiae is appointed. The Court emphasized that the appointed counsel should have adequate time to examine the record, communicate with the accused and prepare the case effectively.
This means that appointment of a lawyer should not merely be a formality. The accused should have a meaningful opportunity to present the case through legal representation.
Can an Appeal Be Dismissed Without a Full Hearing?
The BNSS allows an appellate court, in specified circumstances, to dismiss an appeal summarily if it finds no sufficient ground for interference.
However, the law also contains safeguards concerning the opportunity of the appellant or advocate to be heard.
Section 425 of the BNSS provides that an appeal presented by the appellant or advocate should not be summarily dismissed without giving the appellant or advocate a reasonable opportunity of being heard in support of the appeal, subject to the statutory provisions.
This is important because an accused person should understand that filing an appeal does not necessarily mean that the matter will automatically proceed to a detailed hearing on every issue.
Can the Supreme Court Hear a Criminal Appeal?
The Supreme Court can hear criminal appeals in cases where the Constitution or a statute provides an appeal.
For example, Article 134 of the Constitution provides certain routes for criminal appeals to the Supreme Court.
The Supreme Court also has special leave jurisdiction under Article 136. Under this provision, the Court may, in its discretion, grant special leave to appeal against a judgment, decree, determination, sentence or order passed by a court or tribunal in India.
Therefore, a person challenging a High Court criminal judgment may, depending on the circumstances, approach the Supreme Court through the appropriate legal procedure.
However, not every criminal case automatically becomes a Supreme Court appeal. The maintainability and appropriate route must be examined according to the facts and applicable law.
What Can the Appellate Court Examine?
The appellate court may examine the issues raised in the appeal and the relevant material from the lower court proceedings.
Depending on the case, the appeal may involve questions such as:
- Whether the conviction is supported by the evidence
- Whether the lower court correctly applied the law
- Whether important evidence was ignored
- Whether inadmissible evidence was relied upon
- Whether there was a serious procedural error
- Whether the sentence is legally justified
- Whether the accused received a fair opportunity to defend the case
The specific scope of review depends on the type of appeal and the jurisdiction of the appellate court.
Recent Supreme Court Approach to Criminal Appeals
Recent Supreme Court decisions show that criminal appeals can involve important questions relating to evidence, fair hearing, legal representation and the correctness of the conviction or sentence.
For example, in Khursheed & Ors. v. State of U.P. & Ors., the Supreme Court in May 2026 set aside a High Court decision where the appellants had not been served with notice for representation by counsel of their choice and had not been provided an amicus curiae before the appeal was decided. The matter was remanded to the High Court for reconsideration.
In another 2026 criminal appeal, Shankar v. State of Rajasthan, the Supreme Court considered an appeal arising from a conviction and life sentence in a serious criminal case.
These decisions demonstrate why the appellate process and procedural safeguards can be significant for an accused person.
Does Filing an Appeal Automatically Stop the Sentence?
An accused should not assume that filing an appeal automatically suspends the conviction or sentence.
A separate request may be required for suspension of the sentence, depending on the circumstances and applicable law.
The appellate court considers the relevant legal and factual circumstances while dealing with such a request.
Therefore, a person who has been sentenced to imprisonment should obtain legal advice promptly after conviction rather than assuming that the sentence will automatically remain suspended during the appeal.
What Should an Accused Do After Conviction?
After a conviction, an accused person should take the following practical steps:
1. Obtain the Judgment
Get a complete copy of the judgment and sentence order.
2. Check the Limitation Period
Appeals are subject to statutory limitation requirements. The applicable period should be checked immediately.
3. Examine the Trial Court Record
The defence should identify important evidence, witness statements, documents and legal findings relevant to the proposed appeal.
4. Identify the Grounds of Appeal
The appeal should clearly explain why the conviction or sentence is being challenged.
5. Consider Suspension of Sentence
Where appropriate, the accused may need to seek suspension of sentence during the pendency of the appeal.
6. Choose Proper Legal Representation
Criminal appeals can involve detailed examination of evidence and legal issues. Proper representation can be important, particularly in serious offences.
7. Follow Court Directions
The appellant should comply with bail conditions, appearance requirements and other directions issued by the court.
Important Point for Accused Persons
A criminal appeal should not be treated as an automatic second chance to present the entire case without legal grounds.
The appeal must identify specific errors or grounds that justify interference with the lower court’s decision.
At the same time, the appellate process provides an important legal mechanism for challenging a conviction or sentence where the law permits such an appeal.
The Supreme Court’s recent decisions also underline the importance of fair procedure and meaningful legal representation in criminal appeals.
Frequently Asked Questions
Can a convicted person file a criminal appeal?
Yes, where the applicable law provides a right of appeal. The appropriate appellate court depends on the court that passed the judgment, the sentence and the relevant legal provisions.
Can a criminal appeal challenge both conviction and sentence?
In appropriate cases, an appeal may challenge the conviction, the sentence, or both. The exact scope depends on the applicable law and circumstances.
Can a person in jail file an appeal?
Yes. Section 424 of the BNSS provides a procedure through which a person in jail can submit the appeal petition and accompanying documents through the officer in charge of the jail.
Does filing an appeal automatically suspend the sentence?
No. Filing an appeal should not automatically be treated as suspension of sentence. The accused may need to seek appropriate relief from the appellate court.
Can a criminal appeal be filed before the Supreme Court?
In appropriate cases, yes. The Supreme Court has appellate jurisdiction under the Constitution and statutes and may also grant special leave under Article 136.
Why is legal representation important in a criminal appeal?
Legal representation helps the accused properly present the grounds of appeal, address evidence and legal issues, and respond to the arguments of the prosecution or other parties. The Supreme Court has emphasized that representation should be meaningful rather than merely formal.
Conclusion
A criminal conviction does not necessarily end the legal remedies available to an accused person. Where the law permits an appeal, the accused can challenge the conviction or sentence before the appropriate appellate court.
The Bharatiya Nagarik Suraksha Sanhita, 2023 provides the current statutory framework for criminal appeals, while the Constitution provides important avenues for approaching the Supreme Court.
For an accused person, timely action is important. The judgment should be carefully examined, the correct appellate remedy should be identified, limitation requirements should be followed and appropriate grounds should be prepared.
