BNSS 390 — Appeals from convictions under sections 383, 384, 388 and 389.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory text

(1) Any person sentenced by
any  Court  other  than  a  High  Court  under  section  383,  section  384,  section  388,  or  section  389  may,
notwithstanding anything contained in this Sanhita appeal to the Court to which decrees or orders made in
such Court are ordinarily appealable.
(2) The  provisions  of Chapter XXXI shall, so far as they are  applicable, apply to appeals under this
section, and the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed
against.
(3) An appeal from such conviction by a Court of Small Causes shall lie to the Court of Session for the
sessions division within which such Court is situate.
(4) An appeal from such conviction by any Registrar or Sub-Registrar deemed to be a Civil Court by
virtue  of  a direction  issued  under  section  386  shall  lie  to  the  Court  of  Session  for  the  sessions  division
within which the office of such Registrar or Sub-Registrar is situate.
391. Certain  Judges  and  Magistrates  not  to  try  certain  offences  when  committed  before
themselves.—Except as provided in sections 383, 384, 388 and 389, no Judge of a Criminal Court (other
than a Judge of a High Court) or Magistrate shall try any person for any offence referred to in section 215,
when  such  offence  is  committed  before  himself  or in  contempt  of  his  authority,  or  is  brought  under  his
notice as such Judge or Magistrate in the course of a judicial proceeding.

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