Bharatiya Nagarik Suraksha Sanhita, 2023
Section 434
Finality of judgments and orders on appeal
Judgments and orders passed by an Appellate Court upon an appeal shall be final, except in the cases provided for in section 418, section 419, sub-section (4) of section 425 or Chapter XXXII: Provided that notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits,—
(a) an appeal against acquittal under section 419, arising out of the same case; or
(b) an appeal for the enhancement of sentence under section 418, arising out of the same case.
Why this exists
Finality of judgments is important so that litigation does not go on forever, but criminal cases sometimes involve multiple linked appeals filed by different parties (the convicted person, the acquitted co-accused, or the state seeking a higher sentence). This provision balances finality with fairness by ensuring that deciding one appeal doesn't automatically shut the door on a genuinely separate, connected appeal. It reflects section 393 of the earlier CrPC.
Common misconceptions
- Myth: Once an appellate court decides an appeal, no one connected to that case can ever appeal again.
Fact: Separate, connected appeals, such as one against an acquittal or for enhancement of sentence arising from the same case, can still be heard and decided even after the main appeal is finally disposed of.