Appeal by State Government against sentence.

What this section does

The State Government may direct the Public Prosecutor to appeal against the inadequacy of a sentence passed by any court other than the High Court — to the Court of Session if passed by a Magistrate, and to the High Court if passed by any other court. Where the offence was investigated by a Central agency, the Central Government has a similar power. The appellate court cannot enhance the sentence without giving the accused a reasonable opportunity to show cause, during which the accused may also plead for acquittal or reduction. Appeals against sentences under specified BNS sections must be disposed of within six months.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors

State Government · Central Government · Public Prosecutor · Accused · Court of Session · High Court

Time limit

Six months for disposal of appeals against sentences under sections 64, 65, 66, 67, 68, 70 or 71 of BNS 2023

Derived from CrPC s.377.