Bharatiya Nagarik Suraksha Sanhita, 2023
Section 418
Appeal by State Government against sentence
(1) Save as otherwise provided in sub-section (2), the State Government may, in any case of conviction on a trial held by any Court other than a High Court, direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy—
(a) to the Court of Session, if the sentence is passed by the Magistrate; and
(b) to the High Court, if the sentence is passed by any other Court.
(2) If such conviction is in a case in which the offence has been investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita, the Central Government may also direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy—
(a) to the Court of Session, if the sentence is passed by the Magistrate; and
(b) to the High Court, if the sentence is passed by any other Court.
(3) When an appeal has been filed against the sentence on the ground of its inadequacy, the Court of Session or, as the case may be, the High Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused may plead for his acquittal or for the reduction of the sentence.
(4) When an appeal has been filed against a sentence passed under section 64, section 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023, the appeal shall be disposed of within a period of six months from the date of filing of such appeal.
Why this exists
Sentencing isn't only about protecting the accused from over-punishment -- the state also has an interest in ensuring sentences aren't unreasonably lenient given the seriousness of a crime. This section gives government the power to challenge inadequate sentences on appeal, while carefully balancing that power with a fairness safeguard: the accused must get a genuine opportunity to argue before any sentence is enhanced, and can even turn the tables by seeking acquittal. This mirrors section 377 of the CrPC, 1973, with the added six-month timeline for serious sexual-offence appeals.
Common misconceptions
- Myth: Once the government appeals for a harsher sentence, the court must increase it.
Fact: The court can only enhance the sentence after giving the accused a genuine chance to argue against it, and the accused may even secure an acquittal or a reduced sentence through the same appeal.