AI Overview...
Limitations in Section 413 of BNSS
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Applicability of Limitation Periods: The courts have clarified that appeals filed within the prescribed limitation period, or if delay is condoned, are valid under Section 413 of BNSS, 2023. The limitation period for filing appeals by victims is generally four months from the date of the judgment, as emphasized in multiple judgments SMT. SUNANDA vs THE STATE OF MADHYA PRADESH - Madhya Pradesh, SMT.ARTI SEN vs THE STATE OF MADHYA PRADESH - Madhya Pradesh, JAIN PLASTO TECNIKS vs SUSHIL KUKREJA - Madhya Pradesh.
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Right of Victims to Appeal: Section 413, especially its proviso, grants victims the right to appeal against judgments like acquittals or dismissals without requiring prior leave, provided the appeal is filed within the limitation period. Courts have affirmed this right and clarified procedures for exercising it SMT. SUNANDA vs THE STATE OF MADHYA PRADESH - Madhya Pradesh, RAJENDRA PRASAD MISHRA vs ASHOK KUMAR TIWARI - Madhya Pradesh, DEVENDRA NAYAK vs GOPAL SHIVHARE - Madhya Pradesh.
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Procedure and Limitations: The courts have consistently noted that appeals under Section 413 should be directed to the concerned Sessions Court and that the appeal must adhere to the limitation provisions. If the appeal is within the limitation period or if delay is condoned, limitations do not bar the appeal SANTOSH vs SITARAM - Madhya Pradesh, LAXMAN PRASAD (DEAD) THR. LRS SAVITRI DEVI vs MOHANLOAL - Madhya Pradesh.
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Procedural Clarifications: Multiple judgments have emphasized that victims need not seek prior special permission to appeal under the proviso to Section 413, and procedural steps are streamlined if the appeal is filed within the prescribed period SMT. SUNANDA vs THE STATE OF MADHYA PRADESH - Madhya Pradesh, RAJENDRA PRASAD MISHRA vs ASHOK KUMAR TIWARI - Madhya Pradesh.
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Exceptions and Special Rights: The judgments highlight that victims have special rights to appeal under certain provisions, and these rights are protected even if the appeal is filed after some delay, provided the conditions of limitation are met and procedural requirements are fulfilled SANJAY DIXIT vs SMT. PRATIBHA TRIPATHI - Madhya Pradesh, DEVENDRA NAYAK vs GOPAL SHIVHARE - Madhya Pradesh.
Analysis and Conclusion
The primary limitation in Section 413 of BNSS pertains to the time frame within which victims can file appeals—generally four months from the judgment date. The courts have consistently upheld that if appeals are filed within this period or if delays are condoned, limitations do not bar the appeal. The section's proviso explicitly grants victims the right to appeal without prior leave, simplifying procedural requirements. Proper direction to the Sessions Court and adherence to the limitation period are crucial for maintaining the validity of such appeals. Overall, the legal framework aims to facilitate victims' rights while maintaining procedural discipline Various references.
Note: All references are based on the provided sources, summarizing relevant judicial interpretations of limitations under Section 413 of BNSS.
Search Results for "Limitations in 413 of Bnss"
2025 Supreme(Online)(MP) 6974 • India - High Court of Madhya Pradesh
RAJENDRA KUMAR VANI, J
The Court concluded that if an appeal filed herein was within limitation or if delay was condoned, limitations would not apply on ... The appeal under Section 413 of BNSS, 2023 / 372 of Cr.P.C. was filed against the dismissal of a complaint case under Section 203 ... The Court determined that, under the proviso to Section 413, the appeal should be directed to the concerned Sessions Court. ... ORDER Having heard the learned counsel for the parties and after perusal of record, it reveals that this crimin....
2025 Supreme(Online)(MP) 7008 • India - High Court of Madhya Pradesh
RAJENDRA KUMAR VANI, J
This judgment analyses the Criminal Appeal No. 8009 of 2025 under Section 413 of BNSS, 2023 / 372 of Cr.P.C. against the judgement ... The court allows the appellant to file the appeal in the Sessions Court while addressing limitations and procedural returns.
2025 Supreme(Online)(MP) 6849 • India - High Court of Madhya Pradesh
RAJENDRA KUMAR VANI, J
This judgment interprets Section 413 of the BNSS, emphasizing the right of victims to appeal. ... It clarified regarding limitation on appeals effectively disposed of as mentioned. ... Liberty is reserved to the complainant/appellants herein to file an appeal before the concerned Sessions Court, having regard to the proviso to Section 413 of BNSS (372 of Cr.P.C.) within four months from today. 4. ... . / 413 of BNSS , 2023, being aggrieved with the judgement dated 2....
2025 Supreme(Online)(MP) 4161 • India - High Court of Madhya Pradesh
ACHAL KUMAR PALIWAL, J
Paras 5-10) ... ... (B) Jurisdiction of High Court - Cases where the matter can be appealed and limitations ... delay, the issue of limitation should not be raised in appellate courts. ... thereof - Court discussed that if the appeal is filed within limitation or all required conditions are met, particularly regarding ... of BNSS (372 of Cr.P.C .) and he should proceed under the proviso to Section 413 of BNSS (372 of Cr.P.C .) and need not advert to sub Section 4 of Section 419 of #H....
2025 Supreme(Online)(MP) 3956 • India - High Court of Madhya Pradesh
ACHAL KUMAR PALIWAL, J
for the victim in appealing against acquittal judgment and limitations outlined. ... The appeal can be filed within specified conditions of limitation. ... (Paras 9, 10) ... ... (B) Limitation - Standards and procedures for filing appeals - Easing provisions ... of BNSS (372 of Cr.P.C.) and he should proceed under the proviso to Section 413 of BNSS (372 of Cr.P.C.) and need not advert to sub Section 4 of Section 419 of BNSS (378(4) of Cr.P.C.). ... Hence, liberty is....
2025 Supreme(Online)(MP) 7715 • India - High Court of Madhya Pradesh
RAJENDRA KUMAR VANI, J
... ... Issues: The main question was whether the appeal falls under the proviso to Section 413 of the BNSS (372 of Cr.P.C.). ... of BNSS. ... Findings of the Court: The court determined that the appellant had the right to appeal as a victim under the proviso to Section 413 ... The question before this Court is whether instant appeal is covered under proviso to section 413 of BNSS (372 of Cr.P.C.). ... Hence, liberty is reserved to the victim/appellant herein to file an appeal befor....
2025 Supreme(Online)(MP) 6427 • India - High Court of Madhya Pradesh
RAJENDRA KUMAR VANI, J
... ... Findings of Court: ... The court recognized the right of the victim to appeal under Section 372's proviso, clarifying limitations ... (A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 419 - Code of Criminal Procedure, 1973 - Proviso to Section 372 - Right of ... (Paras 8, 10) ... ... Facts of the case: ... The appeal was filed under the Bharatiya Nagarik ... The question before this Court is whether instant appeal is covered under proviso to section 413 of BNSS (372 of Cr.P.C.). .......
2025 Supreme(Online)(MP) 3781 • India - High Court of Madhya Pradesh
ACHAL KUMAR PALIWAL, J
... ... Findings of Court: ... The court confirmed the victim's rights and clarified procedures related to limitations on appeals ... clarified that victims have special rights to appeal under certain provisions without seeking prior leave to appeal - Clarity on limitation ... of BNSS (372 of Cr.P.C.) and he should proceed under the proviso to Section 413 of BNSS (372 of Cr.P.C.) and need not advert to sub Section 4 of Section 419 of BNSS (378(4) of Cr.P.C.). ... Hence, liberty is re....
2025 Supreme(Online)(MP) 6593 • India - High Court of Madhya Pradesh
RAJENDRA KUMAR VANI, J
This judgment addresses the implications of Section 413 of BNSS, 2023, specifically regarding the filing of appeals by victims against ... The court's findings indicate that appeals must be filed in accordance with the provisions outlined in Section 413, highlighting ... Liberty is reserved to the complainant/appellant herein to file an appeal before the concerned Sessions Court, having regard to the proviso to Section 413 of BNSS (372 of Cr.P.C.) within four months from today. 4. ... ORDER Having hear....
2025 Supreme(Online)(MP) 4160 • India - High Court of Madhya Pradesh
ACHAL KUMAR PALIWAL, J
filing of appeals and addressed how limitations would be treated, especially regarding appeals filed within specified time frames ... (Paras 6-10) ... ... (B) Procedure - Limitation - The court outlined procedures concerning the ... of BNSS (372 of Cr.P.C .) and he should proceed under the proviso to Section 413 of BNSS (372 of Cr.P.C .) and need not advert to sub Section 4 of Section 419 of BNSS (378(4) of Cr.P.C .). ... Hence, liberty is reserved to the victim/appellant herein to f....
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