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Section 423 BNSS to Section 427 BNSS| Section 424 BNSS| Section 425 BNSS| Section 426 BNSS

Updated: Feb 7

Section 423 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Petition of appeal.


Every appeal shall be made in the form of a petition in writing presented by the appellant or his advocate, and every such petition shall (unless the Court to which it is presented otherwise directs) be accompanied by a copy of the judgment or order appealed against.


Section 424 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Procedure when appellant in jail.


If the appellant is in jail, he may present his petition of appeal and the copies accompanying the same to the officer in charge of the jail, who shall thereupon forward such petition and copies to the proper Appellate Court.


Section 425 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Summary dismissal of appeal.


(1) If upon examining the petition of appeal and copy of the judgment received under section 423 or section 424, the Appellate Court considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily:


Provided that—

(a) no appeal presented under section 423 shall be dismissed unless the appellant or his advocate has had a reasonable opportunity of being heard in support of the same;

(b) no appeal presented under section 424 shall be dismissed except after giving

the appellant a reasonable opportunity of being heard in support of the same, unless the Appellate Court considers that the appeal is frivolous or that the production of

the accused in custody before the Court would involve such inconvenience as would

be disproportionate in the circumstances of the case;

(c) no appeal presented under section 424 shall be dismissed summarily until

the period allowed for preferring such appeal has expired.


(2) Before dismissing an appeal under this section, the Court may call for the record of the case.


(3) Where the Appellate Court dismissing an appeal under this section is a Court of Session or of the Chief Judicial Magistrate, it shall record its reasons for doing so.


(4) Where an appeal presented under section 424 has been dismissed summarily under this section and the Appellate Court finds that another petition of appeal duly presented under section 423 on behalf of the same appellant has not been considered by it, that Court may, notwithstanding anything contained in section 434, if satisfied that it is necessary in the interests of justice so to do, hear and dispose of such appeal in accordance with law.


Section 426 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Procedure for hearing appeals not dismissed summarily.


(1) If the Appellate Court does not dismiss the appeal summarily, it shall cause notice of the time and place at which such appeal will be heard to be given—

(i) to the appellant or his advocate;

(ii) to such officer as the State Government may appoint in this behalf;

(iii) if the appeal is from a judgment of conviction in a case instituted upon complaint, to the complainant;

(iv) if the appeal is under section 418 or section 419, to the accused, and shall also furnish such officer, complainant and accused with a copy of the grounds of appeal.


(2) The Appellate Court shall then send for the record of the case, if such record is not already available in that Court, and hear the parties:

Provided that if the appeal is only as to the extent or the legality of the sentence, the Court may dispose of the appeal without sending for the record.


(3) Where the only ground for appeal from a conviction is the alleged severity of the sentence, the appellant shall not, except with the leave of the Court, urge or be heard in support of any other ground.


Section 427 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Powers of the Appellate Court.


After perusing such record and hearing the appellant or his advocate, if he appears, and the Public Prosecutor if he appears, and in case of an appeal under section 418 or section 419, the accused, if he appears, the Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may—

(a) in an appeal from an order or acquittal, reverse such order and direct that further inquiry be made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law;


(b) in an appeal from a conviction—

(i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial, or

(ii) alter the finding, maintaining the sentence, or

(iii) with or without altering the finding, alter the nature or the extent, or

the nature and extent, of the sentence, but not so as to enhance the same;


(c) in an appeal for enhancement of sentence—

(i) reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a Court competent to try the offence, or

(ii) alter the finding maintaining the sentence, or

(iii) with or without altering the finding, alter the nature or the extent, or,

the nature and extent, of the sentence, so as to enhance or reduce the same;


(d) in an appeal from any other order, alter or reverse such order;


(e) make any amendment or any consequential or incidental order that may be just or proper:


Provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement:


Provided further that the Appellate Court shall not inflict greater punishment for the offence which in its opinion the accused has committed, than might have been inflicted for that offence by the Court passing the order or sentence under appeal.

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