Section 423 BNSS: Petition of appeal (Formerly Section 382 CrPC)

Section 423 of Bharatiya Nagarik Suraksha Sanhita, 2023: Petition of appeal

Official Bare Act Text

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

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.

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 423

Section 423 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 382 of the CrPC, 1973) prescribes the format and presentation requirements for petitions of appeal, mandating that every appeal shall be made in writing accompanied by a copy of the judgment.

Written Petition Mandatory: Every appeal shall be made in the form of a petition in writing presented by the appellant or their advocate.
Accompaniment of Judgment Copy: 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.
Specification of Grounds: Must set out concisely and clearly the legal and factual grounds of challenge without argumentative narrative.

Key Landmark Precedents:

Kabira v. State of U.P., 1981 Supp SCC 76: The Supreme Court held that the right of appeal cannot be defeated by technical registry objections regarding certified copies where the appellant is in custody.
Bani Singh v. State of U.P., (1996) 4 SCC 720: Stressed that an appeal petition must receive substantive judicial consideration on merits.

Courtroom Practice & Strategic Litigation Guidance:

When drafting criminal appeal petitions under Section 423, draft numbered, precise grounds of appeal identifying specific discrepancies between prosecution witness statements, medical evidence, and trial findings.