A criminal appeal is a statutory challenge to a trial court’s judgment — usually a conviction and sentence, sometimes an acquittal or an inadequate sentence. It is not a second trial in every sense, but it is a rehearing on the record. The appellate court may confirm, reverse, alter the finding, reduce or enhance the sentence (within the limits of the provision invoked), or send the case back.
Suspension of sentence is the companion application. Conviction does not freeze while the appeal waits. Unless the sentence is suspended, a person sentenced to imprisonment generally remains in custody. Suspension pauses execution of the sentence. It does not wipe out the finding of guilt.
Under the Code of Criminal Procedure, 1973 (CrPC) the appeal chapter ran from Sections 372–394; suspension of sentence was Section 389. Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) the same structure is Sections 413–435; suspension of sentence is Section 430. The tests developed under Section 389 CrPC continue to guide Section 430 BNSS.
At The Chambers of Tarun Gaur, Advocates, criminal appeals and Section 430 / 389 applications are regular High Court and Sessions work. Advocate Tarun Gaur appears independently in the Delhi High Court, after formative training under Mohit Mathur, Senior Advocate, former President of the Delhi High Court Bar Association.
Appeal Is a Creature of Statute
Section 413 BNSS (old Section 372 CrPC) is the starting rule: no appeal lies from a criminal court’s judgment or order except as the BNSS or another law provides.
There is no general “I am unhappy with the order, so I appeal” right. If the code does not give an appeal, the path may be revision, a petition under Section 528 BNSS / Section 482 CrPC, or a criminal writ — different tools, narrower or different tests.
The same section’s proviso (carried from the 2009 amendment to Section 372 CrPC) gives the victim a right to appeal against:
- an order of acquittal;
- a conviction for a lesser offence; or
- inadequate compensation.
That victim’s appeal is “an appeal,” not an endless chain of second appeals on the same acquittal.
Where the Appeal Goes
Section 415 BNSS (old Section 374 CrPC) fixes the forum by the court that tried the case and by the length of the sentence.
| Convicted by | Ordinary appeal lies to |
| Magistrate (First or Second Class) | Court of Session |
| Sessions Judge / Additional Sessions Judge | High Court |
| Any court, where the sentence of imprisonment is more than seven years (against the appellant or a co-accused at the same trial) | High Court |
| High Court in its extraordinary original criminal jurisdiction | Supreme Court |
For matters tried at Dwarka Courts, the first appeal from a Magistrate’s conviction goes to the Sessions Court at Dwarka before any question of the Delhi High Court arises — which is why clients there look specifically for the best criminal lawyer in Dwarka, someone who already appears regularly at that Sessions Court rather than only in South or Central Delhi.
A Magistrate conviction therefore almost always starts at Sessions. A Sessions conviction starts at the Delhi High Court when the trial was in Delhi. Sentence length can send even a non-Sessions trial to the High Court if imprisonment exceeds seven years.
Limitation is short. In ordinary practice, appeals to the Court of Session are treated as 30 days and appeals to the High Court as 60 days, running from the date of the sentence (Limitation Act, as applied to criminal appeals). Delay can be condoned if sufficient cause is shown. The appeal memorandum should travel with a certified copy of the judgment and, where needed, a delay application on day one.
When an Appeal Does Not Lie
Section 416 BNSS (old Section 375 CrPC) — as a rule, no appeal from a conviction on a plea of guilty except as to the extent or legality of the sentence. The plea itself is not reopened on a routine appeal.
Section 417 BNSS (old Section 376 CrPC) bars appeals in specified petty cases (small sentences). BNSS tightened one High Court threshold compared with the old six-month figure. If the sentence is tiny, check this bar before filing.
An interlocutory trial-court order is generally not appealed under this chapter. Revision or inherent jurisdiction may be the correct gate.
Other Appeals in the Same Chapter
| Who files | Against what | Provision |
| Convict | Conviction / sentence | S. 415 BNSS / S. 374 CrPC |
| State | Sentence said to be too low | S. 418 BNSS / S. 377 CrPC |
| State / specified authority | Acquittal | S. 419 BNSS / S. 378 CrPC (leave of the High Court in the High Court appeals) |
| Victim | Acquittal, lesser offence, inadequate compensation | Proviso to S. 413 BNSS / S. 372 CrPC |
| Accused or State, in fit cases | Further appeal to the Supreme Court | Constitution + S. 420 BNSS / S. 379 CrPC and related provisions |
An appeal against acquittal is not the mirror image of an appeal against conviction. Appellate courts are slower to overturn an acquittal, because the presumption of innocence is reinforced by the trial court’s finding. Leave where required is not a formality.
The appellate court may also take further evidence in a limited way, dismiss an appeal summarily if it is frivolous, or remand. It does not normally allow a party to fill gaps that could have been led at trial.
Appeal Is Not Revision
| Appeal | Revision | |
| Nature | Statutory rehearing of the judgment (within the chapter) | Supervisory check on legality, propriety, regularity |
| Who | Party given a right of appeal | Party, or the court suo motu |
| Sentence / acquittal | Can reverse conviction, alter sentence, in some cases reverse acquittal | Rarely used as a substitute for a full appeal against acquittal |
| Interlocutory orders | Generally no | Sometimes yes, if the order is not purely interlocutory and the code allows |
If an appeal lies, revision is usually the wrong first filing.
Suspension of Sentence — Section 430 BNSS / Section 389 CrPC
Filing an appeal does not automatically keep the convict out of jail.
Section 430(1) BNSS (old Section 389(1) CrPC) says that pending an appeal by a convicted person, the appellate court may, for reasons recorded in writing:
- suspend execution of the sentence or order appealed against; and
- if the appellant is in confinement, release him on bail or on bond.
Two provisos matter in serious cases:
- Before releasing a person convicted of an offence punishable with death, life imprisonment, or not less than ten years, the court must give the Public Prosecutor a chance to show cause in writing.
- The Public Prosecutor may later seek cancellation of that bail.
Section 430(2) lets the High Court suspend sentence even when the appeal is pending before a court subordinate to it.
Section 430(3) is the short bridge at the trial court itself. If the convict satisfies that court that an appeal will be filed, and —
- he was on bail and the sentence of imprisonment is not more than three years, or
- the offence is bailable and he is on bail,
the trial court shall release him on bail for enough time to file the appeal and obtain appellate orders under sub-section (1), unless there are special reasons to refuse. While he is so released, the sentence of imprisonment is deemed suspended.
Section 430(4): time spent out on this bail is excluded when computing the term if the appeal later fails.
Sentence versus conviction
These are different reliefs.
- Suspension of sentence pauses the punishment (jail, and in a proper order, fine as the court directs). The finding that the person is guilty continues. Disqualifications that flow from conviction may still operate.
- Suspension / stay of conviction makes the conviction non-operative for the period of the stay. It does not erase the conviction. The Supreme Court has held that this is rare, requires separate reasons, and does not follow automatically from suspension of sentence (Rama Narang; restated in 2026 under Section 430 BNSS). It is sought when conviction itself would cause irreversible civil or public-office consequences that a mere bail order cannot stop.
How courts decide a 430 / 389 application
This is not pre-trial bail. The person stands convicted. The appellate court does not re-try the case, but it does look at whether there is a patent infirmity, a fair prospect on the appeal, the length of the sentence, the time the appeal will take, and the nature of the offence.
Settled working rules:
- Short, fixed-term sentences (especially around three years or less) are approached more liberally, so that the appeal is not defeated by the sentence being suffered in full before the hearing.
- Life imprisonment and very grave offences require exceptional Delay in listing, by itself, is often not enough — the Delhi High Court has said so in NDPS commercial-quantity matters.
- Reasons must be recorded. A rubber-stamp refusal or grant is vulnerable.
- Fine can be suspended, directed to be deposited in part, or left untouched; the appellate court has a wide but reasoned discretion.
- Special statutes (NDPS, PMLA, POCSO, and others) add overlays. Section 430 is the general power; the special Act may tighten how it is used.
Section 138 NI Act: an appeal against conviction often meets Section 148 NI Act — a deposit of a minimum of 20% of the fine or compensation, in addition to any Section 143A amount, unless the appellate court records why that condition would destroy the right of appeal.
How the Two Applications Travel Together
In practice, on the day of sentence or immediately after:
- Apply under Section 430(3) / 389(3) before the trial court if that sub-section applies, to keep the person out long enough to reach the appellate court.
- File the appeal in the correct forum with the judgment.
- File a Section 430(1) / 389(1) application in the appeal for suspension of sentence and release on bail pending disposal.
- If conviction itself will cause irreversible harm, file a separate, tightly reasoned prayer to stay conviction — not a line buried in the bail application.
Missing the first step is how convicts who were on bail throughout the trial go from the courtroom to custody on the same afternoon.
Appeal and Suspension Work at The Chambers of Tarun Gaur
Advocate Tarun Gaur handles:
- appeals against conviction from Delhi Magistrates to Sessions, and from Sessions to the Delhi High Court;
- applications under Section 430 BNSS / Section 389 CrPC for suspension of sentence and release pending appeal;
- the rarer stay of conviction;
- State appeals and victim appeals where the brief requires it;
- NI Act appeals with the Section 148 deposit;
- Revisions and Section 528 BNSS petitions where no appeal lies.
The difference between a usable 430 application and a dismissed one is usually the record: sentence length, time already undergone, specific defects in the judgment, and an honest account of the offence — not a second closing argument. That is High Court criminal method, learned under Mohit Mathur, Senior Advocate.
Advocate Tarun Gaur holds All India Rank 1 in AILET LL.M. (NLU Delhi) and appears in the Delhi High Court, Sessions Courts, district courts, and the Supreme Court when the next appeal lies there. Clients searching for a best criminal lawyer in Delhi, the best criminal lawyer in Delhi, or the practice line associated with Mohit Mathur Senior Advocate, at this stage need speed as much as law: the sentence starts running unless it is stayed.
For an urgent assessment, share the judgment, the warrant of commitment if any, and whether the convict is in custody. Contact: tarun@tarungaur.in | +91-98715 30801 | tarungaur.in.
Frequently Asked Questions
- Does filing an appeal stop the jail sentence?
No. File Section 430 / 389 with the appeal. - 2.Is suspension of sentence the same as bail during trial?
No. After conviction the presumption of innocence is displaced. The test is stricter. - Can the trial court suspend the sentence?
Only in the limited situations in Section 430(3) / 389(3), and only long enough to approach the appellate court. Long suspension pending the full appeal is the appellate court’s power. - Will the High Court stay my conviction so I can keep a job or a licence?
Only in rare cases, with proof of irreversible consequence. Suspension of sentence alone does not stay conviction. - I pleaded guilty. Can I still appeal?
Generally only against the extent or legality of the sentence, not to withdraw the plea through a regular appeal. - The State has appealed my acquittal. Am I automatically in custody?
An acquittal stands until it is reversed. Bail and custody questions on a State appeal follow a different path from a convict’s 430 application. - Who should file the appeal and the suspension application?
Counsel who will argue both in the appellate court. At this chamber that work is done by Advocate Tarun Gaur, trained under Senior Advocate Mohit Mathur. - 8. Do I need a Delhi High Court–specific lawyer, or is a Dwarka-based criminal appeal lawyer enough?
It depends on the forum the appeal goes to (see the table above). A best criminal lawyer in Dwarka who also appears in the Delhi High Court, as this chamber does, covers both stages without a change of counsel mid-appeal.