Section 425 BNSS: Summary dismissal of appeal (Formerly Section 384 CrPC)

Section 425 of Bharatiya Nagarik Suraksha Sanhita, 2023: Summary dismissal of appeal

Official Bare Act Text

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

(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.

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 425

Section 425 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 384 of the CrPC, 1973) governs the summary dismissal of appeals, mandating that no appeal presented by an advocate shall be dismissed without giving the advocate a reasonable opportunity of being heard.

Threshold for Summary Dismissal: If upon examining the petition of appeal and copy of judgment, the Appellate Court considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily.
Mandatory Hearing for Advocate: No appeal presented by the appellant or their advocate shall be dismissed summarily unless the appellant or their advocate has had a reasonable opportunity of being heard in support of the same.
Calling for Trial Record: Before dismissing an appeal summarily, the Court may call for the record of the case; in Sessions Court appeals, calling for the record is mandatory.
Reasoned Order Required: Summary dismissal must contain concise reasons demonstrating application of judicial mind.

Key Landmark Precedents:

Bani Singh v. State of U.P., (1996) 4 SCC 720: The Supreme Court held that the appellate court cannot dismiss an appeal for default of the advocate; the court must peruse the record and decide on merits, or appoint amicus curiae.
K.S. Panduranga v. State of Karnataka, (2013) 3 SCC 721: Reaffirmed that an appellate court must examine the record and decide the appeal on merits even if the appellant's counsel fails to appear.

Courtroom Practice & Strategic Litigation Guidance:

At the preliminary admission hearing of an appeal, highlight at least two arguable questions of law or manifest evidentiary misappreciations to prevent the court from invoking summary dismissal under Section 425.