Vishnu Kumar Gupta v. State of Madhya Pradesh (2026 INSC 770): First Appeal Against Appellate Conviction under BNSS | Advocate Avichal Pandey
Can an accused file an appeal after being convicted for the first time by the Sessions Court in an appeal against acquittal?
Frequently Asked Questions (FAQs)
1. What is the Supreme Court's decision in Vishnu Kumar Gupta v. State of Madhya Pradesh (2026 INSC 770)?
The Supreme Court examined whether an accused, who was acquitted by the Trial Court but convicted for the first time by the Sessions Court in an appeal against acquittal, has a statutory right to file a further appeal before the High Court under Section 374 CrPC (Section 415 BNSS).
2. What legal issue was involved in this case?
The principal issue was whether a criminal appeal is maintainable against a conviction recorded by a Sessions Court while exercising appellate jurisdiction after reversing a Trial Court's acquittal.
3. What is Section 415 of the BNSS?
Section 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponds to Section 374 of the Code of Criminal Procedure, 1973 and deals with appeals by convicted persons.
4. What is the difference between an appeal and a criminal revision?
An appeal permits re-appreciation of evidence, facts and law, whereas a criminal revision is a limited supervisory remedy generally confined to correcting jurisdictional errors, legal irregularities or manifest illegality.
5. Why is this judgment important?
The judgment clarifies the scope of appellate remedies under both the CrPC and the BNSS and provides significant guidance on criminal appellate jurisdiction, reversal of acquittals and the rights of accused persons.
6. Is this judgment relevant under the BNSS?
Yes. The Supreme Court examined both the CrPC and the corresponding provisions of the BNSS, making the decision highly relevant for criminal proceedings under the new procedural law.
7. Who should read this judgment?
This judgment is particularly useful for advocates, judicial officers, prosecutors, law students, legal researchers and anyone dealing with criminal appeals and revisions.
8. Where can I read a detailed legal analysis of this case?
You can read the comprehensive legal analysis prepared by Advocate Avichal Pandey, Advocate, Allahabad High Court, explaining the facts, legal issues, statutory provisions and practical implications of the judgment.
Advocate Avichal Pandey
Allahabad High Court
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