Bharatiya Nagarik Suraksha Sanhita, 2023
Section 431
Arrest of accused in appeal from acquittal
When an appeal is presented under section 419, the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail.
Why this exists
An acquitted person is normally a free person, but if the prosecution appeals the acquittal, the case is technically still open. This provision lets courts secure the person's presence for the appeal, ensuring they don't disappear if the acquittal is eventually overturned, while still allowing bail so a wrongly-dragged person isn't automatically jailed. It corresponds to the erstwhile CrPC provision (section 390 of the 1973 Code) carried into the BNSS.
How courts read it
Courts have held that arrest of an acquitted person under this provision is not automatic; the High Court exercises this power only when it considers it necessary, keeping in mind the presumption of innocence that continues after acquittal, and typically favours bail unless there are strong reasons like flight risk.
Common misconceptions
- Myth: Once acquitted, a person can never be arrested again for the same case.
Fact: If the prosecution appeals the acquittal, the High Court can order the person's arrest to ensure their presence during the appeal, though bail is commonly granted.