BNSS Section 426: Procedure for hearing appeals not dismissed summarily
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 31: Appeals
426.
(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.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 413. No appeal to lie unless otherwise provided
- 414. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
- 415. Appeals from convictions
- 416. No appeal in certain cases when accused pleads guilty
- 417. No appeal in petty cases
- 418. Appeal by State Government against sentence
- 419. Appeal in case of acquittal
- 420. Appeal against conviction by High Court in certain cases
- 421. Special right of appeal in certain cases
- 422. Appeal to Court of Session how heard
- 423. Petition of appeal
- 424. Procedure when appellant in jail
- 425. Summary dismissal of appeal
- 427. Powers of Appellate Court
- 428. Judgments of subordinate Appellate Court
- 429. Order of High Court on appeal to be certified to lower Court
- 430. Suspension of sentence pending appeal; release of appellant on bail
- 431. Arrest of accused in appeal from acquittal
- 432. Appellate Court may take further evidence or direct it to be taken
- 433. Procedure where Judges of Court of appeal are equally divided
- 434. Finality of judgments and orders on appeal
- 435. Abatement of appeals