Section 426 BNSS: Procedure for hearing appeals not dismissed summarily (Formerly Section 385 CrPC)

Section 426 of Bharatiya Nagarik Suraksha Sanhita, 2023: Procedure for hearing appeals not dismissed summarily

Official Bare Act Text

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

(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.

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 426

Section 426 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 385 of the CrPC, 1973) outlines the procedure for hearing appeals not dismissed summarily, requiring issuance of notice, transmission of trial records, and hearing of parties.

Notice of Hearing: The Appellate Court shall cause notice to be given to the appellant or their advocate, to the State/Public Prosecutor, and to the complainant or victim.
Summoning Lower Court Record: The Appellate Court shall send for the record of the case, and hear the parties after providing copies of the paper book.
Mandatory Hearing on Merits: The appeal must be adjudicated after full appraisal of the record and hearing arguments of both sides.

Key Landmark Precedents:

Bani Singh v. State of U.P., (1996) 4 SCC 720: The Supreme Court ruled that once an appeal is admitted and notice issued under Section 385 CrPC (Section 426 BNSS), it cannot be dismissed for default; it must be decided on merits after hearing the parties.
Zahira Habibullah Sheikh (5) v. State of Gujarat, (2006) 3 SCC 374: Affirmed that appellate hearings must ensure complete records and exhibits are before the court.

Courtroom Practice & Strategic Litigation Guidance:

Once notice is issued under Section 426, apply for the trial court record (LCR) and paper books immediately; verify that all exhibited documents, site plans, and digital certificates under Section 63 BSA are included.