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Section 295 of The Bharatiya Nagarik Suraksha Sanhita, 2023

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.

Summary

Judgments delivered in plea bargaining cases are final.
There is generally no right to appeal these judgments in any court.
An exception exists for special leave petitions to the Supreme Court under Article 136 of the Constitution.
High Courts can still review these judgments through writ petitions under Articles 226 and 227 of the Constitution.

Practical examples

1Farhan accepts a plea bargain for a minor fraud case on July 1, 2025. A week later, he decides he wants a lighter sentence and tries to appeal to the Sessions Court. The court rejects his appeal, citing Section 295, which says plea bargain judgments are final.

2After a plea bargain judgment is signed on August 15, 2025, the victim believes the judge committed a gross legal error that violated their fundamental rights. Although a normal appeal is barred by Section 295, the victim's lawyer prepares a writ petition for the High Court under Article 226, which is one of the few legal paths still open.

FAQ

1. Can a person appeal a plea bargaining judgment to a higher trial court under The Bharatiya Nagarik Suraksha Sanhita, 2023?

No, Section 295 of The Bharatiya Nagarik Suraksha Sanhita, 2023, states that the judgment is final and no appeal shall lie in any Court against it.

2. Are there any constitutional exceptions to the finality of a plea bargain judgment in The Bharatiya Nagarik Suraksha Sanhita, 2023?

Yes, Section 295 of The Bharatiya Nagarik Suraksha Sanhita, 2023, allows for special leave petitions under Article 136 and writ petitions under Articles 226 and 227 of the Constitution.

3. Does the "finality" in Section 295 of The Bharatiya Nagarik Suraksha Sanhita, 2023, apply only to the accused?

No, the judgment itself is final, meaning no party can file a regular appeal against it.

Test yourself

Q1.Under Section 295 of The Bharatiya Nagarik Suraksha Sanhita, 2023, a judgment in a plea bargaining case is considered:

Q2.Which constitutional provision is explicitly mentioned as an exception to the bar on appeals in Section 295 of The Bharatiya Nagarik Suraksha Sanhita, 2023?

Q3.Can a High Court intervene in a plea bargaining judgment issued under Section 295 of The Bharatiya Nagarik Suraksha Sanhita, 2023?

Q4.What is the primary purpose of the "Finality of judgment" rule in Section 295 of The Bharatiya Nagarik Suraksha Sanhita, 2023?

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