सं Samvidhan

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 434

Finality of judgments and orders on appeal

Why this exists

Finality of judgments is important so that litigation does not go on forever, but criminal cases sometimes involve multiple linked appeals filed by different parties (the convicted person, the acquitted co-accused, or the state seeking a higher sentence). This provision balances finality with fairness by ensuring that deciding one appeal doesn't automatically shut the door on a genuinely separate, connected appeal. It reflects section 393 of the earlier CrPC.

Common misconceptions
  • Myth: Once an appellate court decides an appeal, no one connected to that case can ever appeal again.
    Fact: Separate, connected appeals, such as one against an acquittal or for enhancement of sentence arising from the same case, can still be heard and decided even after the main appeal is finally disposed of.