Section 295 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 295 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Finality of Judgment
📜 Text of Section 295
Section 295. Finality of Judgment(
The judgment delivered by the Court under this section shall be final, and no appeal (except the special leave petition under Article 136 and writ petition under Articles 226 and 227 of the Constitution) shall lie in any Court against such judgment.(
⚖️ Legal Context and Purpose
Section 295 of the BNSS, 2023, establishes the finality of judgments delivered under this section. It restricts appeals, allowing only specific constitutional remedies:(
Special Leave Petition (Article 136): Allows the Supreme Court to grant leave to appeal against any judgment or order of any court or tribunal in India.
Writ Petitions (Articles 226 and 227): Enable High Courts and the Supreme Court to issue directions or orders to any person or authority, including the government, to enforce fundamental rights or for any other purpose.
This provision ensures that judgments under this section are not subject to routine appeals, thereby promoting legal certainty and finality.
🧭 Illustrative Example
Scenario: An individual is convicted under a provision of the BNSS, 2023, and the court delivers its judgment.
Application of Section 295:
Judgment Delivery: The court pronounces its judgment, and the convicted individual seeks to appeal.
Appeal Restriction: Under Section 295, the individual cannot file a regular appeal against the judgment.
Constitutional Remedies: The individual may seek recourse through a special leave petition under Article 136 or a writ petition under Articles 226 or 227 of the Constitution, subject to the respective courts' discretion.
Outcome: The restriction on appeals under Section 295 promotes the finality of judgments, while still providing avenues for exceptional legal remedies
📌 Conclusion
Section 295 of the BNSS, 2023, underscores the finality of judgments delivered under this section, limiting the scope for appeals. However, it preserves constitutional avenues for challenging such judgments, ensuring a balance between legal certainty and the protection of fundamental rights.(
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