A trial court is satisfied that a convicted person intends to appeal. Under section 430(3)(i) of the…
Section 430(3)(i) uses a maximum sentence of three years for a convicted person already on bail. If the trial court is satisfied that the person intends to appeal, it grants…
Choose your answer
A trial court is satisfied that a convicted person intends to appeal. Under section 430(3)(i) of the Bharatiya Nagarik Suraksha Sanhita, 2023, what sentence threshold applies to a person already on bail, assuming there are no special reasons to refuse bail?
Answer and explanation
Correct answer A
Section 430(3)(i) uses a maximum sentence of three years for a convicted person already on bail. If the trial court is satisfied that the person intends to appeal, it grants release for sufficient time to present the appeal and obtain the appellate court's order, unless special reasons justify refusal. Clause (ii) separately covers a person on bail who was convicted of a bailable offence.
Option feedback
Option A
Three years is the maximum sentence under the sentence-length ground.
Option B
The statutory maximum is three years, rather than five.
Option C
The statutory maximum is three years, rather than seven.
Option D
Clause (i) provides a three-year maximum. Clause (ii) is a separate ground for a person on bail convicted of a bailable offence.
Option E
The three-year maximum is among the choices.
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