Introduction to Section 390 BNSS
Section 390 BNSS is part of Chapter XXVIII of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which deals with offences affecting the administration of justice. This section specifically provides a legal remedy through appeals for individuals convicted under Sections 383, 384, 388, or 389. These sections cover offences like giving false evidence, contempt in court, refusal to answer questions, or non-attendance of witnesses. Section 390 ensures that people convicted under these provisions can approach higher courts for relief and review of the decision.
What is BNSS Section 390?
BNSS 390 provides that any person convicted under sections 383, 384, 388, or 389, by any court other than a High Court, has the right to appeal. The appeal should be filed in the appellate court to which decisions from the original convicting court are usually referred. Moreover, the appellate court has full power to alter, reverse, or reduce the conviction or sentence. Special mention is made for Courts of Small Causes and Registrars acting as Civil Courts, stating their appellate route lies to the Court of Session. Section 390 ensures that summary convictions do not become final without the option of higher judicial scrutiny. It also maintains the consistency of legal process through application of Chapter XXXI. Therefore, the section strengthens both accountability and access to justice.
BNSS Section of 390 in Simple Points
1. Appeal Right for Summary Convictions
BNSS Section 390 ensures that any person convicted under Sections 383, 384, 388, or 389—by a court other than a High Court—has the right to appeal. This appeal can be made to the court that generally hears appeals from that lower court. This provision is important because it allows individuals to challenge summary decisions that might have been passed quickly or without full trial. Even in minor offences or contempt cases, procedural fairness is maintained. The provision acts as a check on judicial overreach. It gives an opportunity to rectify errors in judgment. This right promotes transparency and accountability in the judicial system.
2. Clear Appeal Route for Different Courts
Section 390 also clarifies the appellate route for various courts. If the conviction is from a Court of Small Causes, the appeal will lie to the Sessions Court in the relevant division. Similarly, if a Registrar or Sub-Registrar (acting as Civil Court under Section 386) issues a conviction, the appeal also goes to the Sessions Court. This clarity avoids confusion and helps both the accused and legal professionals navigate the system easily. It ensures consistency in appeal handling across jurisdictions. The section adapts well to the administrative setup of local courts. Thus, justice becomes more accessible and structured.
3. Application of Chapter XXXI Procedures
BNSS Section 390 makes it clear that the appeal process must follow the provisions laid down in Chapter XXXI of the Bharatiya Nagarik Suraksha Sanhita. Chapter XXXI governs the general rules and guidelines for appeals. By including this clause, the law ensures that appellate proceedings are conducted in a standardized and fair manner. It prevents arbitrary procedures in appeal hearings. This also ensures that both the prosecution and defence get a fair chance to present their case. The result is a uniform appeal structure across different court levels. This strengthens procedural justice and public trust in the legal system.
4. Powers of the Appellate Court
Under this section, the appellate court is granted wide powers. It can alter the original findings, reduce the sentence, or even reverse the conviction altogether. This flexibility is vital to correct possible injustices in summary trials. Often, summary convictions may be based on quick proceedings and limited evidence. The appeal court serves as a safeguard against such errors. It gives the accused a second chance to present their side. Thus, the provision protects the rights of individuals and ensures judicial decisions are just and reasonable.
5. Ensures Fairness Even in Minor Offences
While the offences under Sections 383 to 389 may be minor in nature—like court contempt, false evidence, or refusal to answer—the consequences can still affect a person’s liberty or record. BNSS Section 390 acknowledges this and provides a route for legal remedy. It reinforces the principle that even minor punishments deserve a chance for review. This contributes to a balanced justice system where no one is denied a fair hearing due to the nature or size of the offence. It maintains public confidence in the judiciary and promotes a culture of due process.
390 BNSS Overview
The key objective of BNSS Section 390 is to create a fair appellate structure for court-related misconduct convictions. It grants the right of appeal against orders of subordinate courts (excluding High Courts) for offences like false testimony or contempt. It also specifies the courts to which such appeals can be made—like Sessions Courts or appellate civil courts. This provision strengthens accountability of judicial officers and protects the rights of litigants or witnesses punished by lower courts under sections involving swift or summary justice.
BNSS Section 390: Appeals from Convictions under Sections 383, 384, 388, and 389
Chapter XXVIII – Provisions as to Offences Affecting the Administration of Justice
1. Purpose of Section 390
BNSS Section 390 outlines the appeal rights of individuals convicted under Sections 383, 384, 388, or 389. These sections primarily deal with offences like giving false evidence, contempt in court, refusal to answer, or non-attendance by witnesses. The section ensures legal recourse for those punished under these provisions. It allows them to challenge the findings or sentence passed against them. Importantly, this section does not apply to convictions by High Courts. It builds transparency and fairness into the judicial punishment system. Thus, Section 390 acts as a safeguard against potential judicial errors.
2. Who Can Appeal?
Any person who is sentenced by a Court other than a High Court under Sections 383, 384, 388, or 389 is eligible to appeal. This includes convictions made by Sessions Courts, Magistrates of the first class, and Civil Courts as recognized under BNSS. The appeal must be directed to the same court to which decrees or orders from that sentencing court are normally appealable. This framework ensures that the hierarchy of appeal is maintained. Section 390 thus formalizes appellate rights. It ensures there’s a mechanism to review minor court convictions.
3. Procedure for Appeal
The appeal process under BNSS 390 will follow the general procedure set out in Chapter XXXI of the Bharatiya Nagarik Suraksha Sanhita. That chapter governs appellate procedures across various criminal cases. It includes steps like filing the appeal, hearing by the Appellate Court, and possible outcomes. The Appellate Court has the power to alter, reduce, reverse, or uphold the original sentence. This makes the appellate process both corrective and preventive. The section applies existing appeal procedures to offences under these specific sections. It promotes consistency across legal processes.
4. Appeals from Small Causes Court Convictions
If the conviction is given by a Court of Small Causes, the appeal must be made to the Court of Session in the same sessions division. This clause ensures that even minor courts are accountable, and their decisions can be reviewed. It maintains the balance of judicial oversight across all court levels. Courts of Small Causes often deal with simpler matters, but they still require checks on their decisions. Section 390 gives convicted individuals from such courts a proper appellate pathway. It ensures no one is denied a fair hearing.
5. Appeals from Registrar or Sub-Registrar Courts
BNSS 390 also covers appeals from Registrars or Sub-Registrars who act as Civil Courts under Section 386. When the State Government deems them as Civil Courts, their decisions too become appealable. If someone is convicted by such an authority under Sections 383, 384, 388, or 389, their appeal will lie with the Court of Session in the same division. This is crucial for transparency and accountability in administrative judicial powers. It ensures that quasi-judicial authorities are not left unchecked. Thus, the provision extends appellate protection to more citizens.
6. Safeguard Against Misuse of Judicial Powers
Section 390 acts as a check on judicial decisions involving punishment for misconduct in court. Offences like contempt or refusal to answer can lead to swift punishment, sometimes without a full trial. This section offers a remedy against possible misuse of such summary powers. It makes the justice system more accountable and democratic. By allowing appeals, it ensures decisions are not arbitrary. Section 390 empowers the accused to seek review on merits. This aligns with the principles of natural justice.
7. Independence from Other Appeal Laws
BNSS 390 starts with a non-obstante clause: “notwithstanding anything contained in this Sanhita”. This means it overrides other provisions that may limit appeals in similar situations. The clause is used to ensure special rights of appeal in specific cases listed in Sections 383, 384, 388, and 389. This gives extra power to this section and ensures it is not diluted by conflicting rules. The clause supports a standalone appeal right, reinforcing the seriousness of judicial oversight. It ensures legal clarity and supremacy in such matters.
8. Power of Appellate Court
The Appellate Court, under BNSS 390, has wide discretion. It may alter the finding, reverse the sentence, or reduce the punishment. This allows for both factual and legal corrections. The section ensures that errors at the lower court level don’t go uncorrected. It gives relief to individuals wrongfully or harshly punished. This power is vital in a system that values fairness. It reflects the multi-layered justice structure in India. The appeal provides both review and relief.
9. Encourages Responsible Court Behaviour
By allowing appeals, BNSS 390 indirectly encourages lower courts to be cautious and fair when using their powers under Sections 383 to 389. It introduces a layer of accountability for summary punishments or contempt rulings. Judges are likely to exercise such powers judiciously if they know their orders can be reviewed. This strengthens procedural justice and public trust. The appeal mechanism acts as a disciplinary tool for both the bench and the parties involved. It balances power with responsibility.
10. Importance in the Justice System
BNSS Section 390 plays a critical role in ensuring that justice is not only done but also seen to be done. It provides essential appellate rights for minor but sensitive court-related offences. The offences covered often involve court decorum, obedience, or honesty. Giving an appeal opportunity adds transparency to punishment processes. It ensures courts don’t become oppressive. It also reinforces the right to be heard. Ultimately, this section supports the core value of fairness in the Indian judicial process.
Example 1:
A witness is convicted under Section 389 for failing to appear in court despite summons. He is fined ₹500. He believes the punishment is unfair, so he files an appeal under Section 390 to the Sessions Court.
Example 2:
A person is sentenced under Section 384 for misbehaving in court. He offers an apology, but it is rejected. He is fined ₹1,000. He challenges this decision by filing an appeal under BNSS 390 in the appropriate appellate court.
BNSS Section 390 Short Information
| Point | Details |
|---|---|
| Section Name | BNSS Section 390 – Appeals from Convictions under Sections 383, 384, 388, and 389 |
| Purpose | Provides the right to appeal for individuals convicted of offences like false evidence, contempt, refusal to answer, or non-attendance of witnesses. |
| Who Can Appeal | Any person convicted by a court other than a High Court under Sections 383, 384, 388, or 389 can file an appeal to the appropriate higher court. |
| Appellate Forum | Appeals lie with the Sessions Court or the appellate civil court, depending on which lower court issued the conviction. |
| Judicial Significance | Ensures fairness, transparency, and accountability by allowing review of summary or contempt convictions made by subordinate courts. |
Why Needed BNSS 390?
BNSS Section 390 is crucial because it offers an appellate remedy in cases involving serious judicial matters like contempt of court, giving false evidence, or disobeying legal summons. These offences often result in quick, summary punishments. While this helps courts function smoothly, it also carries the risk of hurried or one-sided decisions. Section 390 brings in a balance—allowing the affected individual to appeal the sentence, ensuring justice is served fairly. It also provides a mechanism for accountability of lower courts, maintaining legal integrity. Without this section, the justice system might deny individuals a chance to correct unfair convictions.
BNSS Section 390 FAQs
BNSS 390
Conclusion
BNSS Section 390 ensures fairness by allowing appeals against convictions for offences like contempt or refusal to appear in court. It gives individuals a chance to challenge lower court decisions, promoting accountability and preventing misuse of judicial power.
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