(1) Save as otherwise provided in sub-section (2), the State Government may, in
any case of conviction on a trial held by any Court other than a High Court, direct the Public
Prosecutor to present an appeal against the sentence on the ground of its inadequacy\u2014
(a) to the Court of Session, if the sentence is passed by the Magistrate; and
(b) to the High Court, if the sentence is passed by any other Court.
(2) If such conviction is 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 also direct the Public Prosecutor to present an
appeal against the sentence on the ground of its inadequacy\u2014
(a) to the Court of Session, if the sentence is passed by the Magistrate; and
(b) to the High Court, if the sentence is passed by any other Court.
(3) When an appeal has been filed against the sentence on the ground of its
inadequacy, the Court of Session or, as the case may be, the High Court shall not enhance
the sentence except after giving to the accused a reasonable opportunity of showing cause
against such enhancement and while showing cause, the accused may plead for his acquittal
or for the reduction of the sentence.
(4) When an appeal has been filed against a sentence passed under section 64,
section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya
Sanhita, 2023, the appeal shall be disposed of within a period of six months from the date of
filing of such appeal.<\/p>\n","protected":false},"excerpt":{"rendered":"
(1) Save as otherwise provided in sub-section (2), the State Government may, inany case of conviction on a trial held by any Court other than a High Court, direct the PublicProsecutor to present an appeal against the sentence on the ground of its inadequacy\u2014(a) to the Court of Session, if the sentence is passed by […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[32],"tags":[125,124,134,132,130,136,137,126,127,123,129,128,133,111,135,112,121,122,113,114,131],"class_list":["post-2054","post","type-post","status-publish","format-standard","category-bharatiya-nagarik-suraksha-sanhita-bnss","tag-bharatiya-nagarik-suraksha-sanhita-2023","tag-bhartiya-nagrik-suraksha-sanhita","tag-bnss-2024-india","tag-bnss-all-sections","tag-bnss-bare-act","tag-bnss-chapter-wise-sections","tag-bnss-fir-section","tag-bnss-full-form","tag-bnss-pdf-download","tag-bnss-sections-in-hindi","tag-bnss-sections-list","tag-bnss-vs-crpc","tag-crpc-replaced-by-bnss","tag-expert-vakil","tag-expert-vakil-bnss","tag-expertvakil","tag-indian-kanoon","tag-indiankanoon","tag-ishan-tathagat","tag-ishantathagat","tag-new-criminal-law-india"],"yoast_head":"\n