06/08/2026
⚖️ IMPORTANT SUPREME COURT RULING | CRIMINAL PROCEDURE
Can an accused file a statutory appeal before the High Court if a Sessions Court reverses an acquittal and convicts him for the first time?
The Supreme Court has answered: NO.
In Vishnu Kumar Gupta v. State of Madhya Pradesh & Anr., 2026 INSC 770 (decided on 30 July 2026), the Supreme Court settled an important question of criminal procedure.
📌 Facts of the Case
The Trial Court acquitted the accused.
The complainant preferred an appeal before the Sessions Court.
The Sessions Court reversed the acquittal and convicted the accused.
The accused then filed an appeal before the High Court under Section 374 CrPC (corresponding to Section 415 BNSS, 2023).
The question before the Supreme Court was whether such an appeal was maintainable.
⚖️ What did the Supreme Court hold?
The Court held that:
✅ The right of appeal is a creature of statute.
✅ Section 374 CrPC / Section 415 BNSS provides an appeal only against a conviction recorded by a court exercising original trial jurisdiction.
✅ Where the Sessions Court, while exercising appellate jurisdiction, reverses an acquittal and records a conviction, no further statutory appeal is provided to the High Court.
📌 What is the correct remedy?
The Supreme Court clarified that the accused should invoke the High Court's revisional jurisdiction under:
➡️ Sections 397 & 401 of the Code of Criminal Procedure, 1973, or
➡️ Sections 438 & 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as applicable.
💡 Why is this judgment significant?
✔️ It resolves a long-standing procedural ambiguity.
✔️ It reinforces the principle that a right of appeal cannot be assumed unless expressly conferred by statute.
✔️ It guides advocates and litigants to choose the correct procedural remedy when challenging an appellate conviction.
📚 Key Takeaway
When a Sessions Court reverses a Trial Court's acquittal and convicts the accused in appeal, the remedy is ordinarily a Criminal Revision before the High Court—not a statutory appeal under Section 374 CrPC / Section 415 BNSS.
⚠️ Every case depends on its own facts and the applicable statutory provisions. Always seek legal advice before initiating proceedings.
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