Section 422 BNSS: Appeal to Court of Session how heard (Formerly Section 381 CrPC)

Section 422 of Bharatiya Nagarik Suraksha Sanhita, 2023: Appeal to Court of Session how heard

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) Subject to the provisions of sub-section (2), an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge:

Provided that an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by the Chief Judicial Magistrate.

(2) An Additional Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him or as the High Court may, by special order, direct him to hear.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 422

Section 422 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 381 of the CrPC, 1973) regulates how criminal appeals to the Court of Session are heard and disposed of by Sessions Judges and Additional Sessions Judges.

Sessions Judge & Additional Sessions Judges: An appeal to the Court of Session shall be heard by the Sessions Judge or by an Additional Sessions Judge.
Roster & Allocation: An Additional Sessions Judge shall hear only such appeals as the Sessions Judge may make over to them or as the High Court may direct.
Parity of Judicial Powers: Additional Sessions Judges exercise identical appellate powers as the Sessions Judge when hearing assigned appeals.

Key Landmark Precedents:

State of Punjab v. Pritam Singh, 1982 Cri LJ 1102: Held that an Additional Sessions Judge derives jurisdiction to hear criminal appeals strictly through an administrative order of make-over by the Sessions Judge.
K.M. Mathew v. State of Kerala, (1992) 1 SCC 217: Affirmed the supervisory and transfer authority of the Sessions Judge over appellate dockets within the Sessions division.

Courtroom Practice & Strategic Litigation Guidance:

Check that the appeal was validly assigned to the Additional Sessions Judge by an administrative order of the Sessions Judge to prevent jurisdictional objections.