Section 419 BNSS: under sub-section (1) or under sub-section (2)
Official criminal procedure provision under the Bharatiya Nagarik Suraksha Sanhita, 2023.
Official Statutory Wording (100% Legally Correct)
(1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5),— (a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence; (b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision. (2) If such an order of acquittal is passed 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, subject to the provisions of sub-section (3), also direct the Public Prosecutor to present an appeal— (a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence; (b) to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision. (3) No appeal to the High Court under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court. (4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special Appeal by State Government against sentence. Appeal in case of acquittal. leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court. (5) No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal. (6) If, in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie
Simplified Legal Summary
This section details the statutory rules, frameworks, and procedures under Section 419 of the BNSS.
Legal Compliance Notice
This content is compiled from the official Gazette of India publication. For active legal actions, petitions, or filings, citizens are advised to cross-reference this clause with their legal advocate under the corresponding Sections of the BNSS 2023.
Frequently Asked Questions (FAQs)
Q: What does BNSS Section 419 cover?
A: Section 419 of the BNSS 2023 deals with: "under sub-section (1) or under sub-section (2)". It is part of India's updated criminal procedure law that replaced the old CrPC 1973, effective July 1, 2024.
Q: Which old CrPC section does BNSS Section 419 replace?
A: BNSS Section 419 ("under sub-section (1) or under sub-section (2)") is part of the BNSS 2023 which replaced the entire CrPC 1973. Many sections were renumbered — use the Law Decoder for exact cross-references.
Q: Does BNSS Section 419 apply across all Indian states?
A: Yes. BNSS 2023 applies to the whole of India except Nagaland and specified tribal areas (per Section 1 BNSS). Section 419 ("under sub-section (1) or under sub-section (2)") follows this national applicability.
Q: When did BNSS Section 419 come into effect?
A: The BNSS 2023 — including Section 419 ("under sub-section (1) or under sub-section (2)") — came into effect on July 1, 2024, by Central Government notification in the Official Gazette.
