Section 427 BNSS: Powers of Appellate Court (Formerly Section 386 CrPC)

Section 427 of Bharatiya Nagarik Suraksha Sanhita, 2023: Powers of Appellate Court

Official Bare Act Text

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

After perusing such record and hearing the appellant or his advocate, if he appears, and the Public Prosecutor if he appears, and in case of an appeal under section 418 or section 419, the accused, if he appears, the Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may—

(a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law;

(b) in an appeal from a conviction—

(i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial; or

(ii) alter the finding, maintaining the sentence; or

(iii) with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, but not so as to enhance the same;

(c) in an appeal for enhancement of sentence—

(i) reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a Court competent to try the offence; or

(ii) alter the finding maintaining the sentence; or

(iii) with or without altering the finding, alter the nature or the extent, or, the nature and extent, of the sentence, so as to enhance or reduce the same;

(d) in an appeal from any other order, alter or reverse such order;

(e) make any amendment or any consequential or incidental order that may be just or proper:

Provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement:

Provided further that the Appellate Court shall not inflict greater punishment for the offence which in its opinion the accused has committed, than might have been inflicted for that offence by the Court passing the order or sentence under appeal.

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 427

Section 427 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 386 of the CrPC, 1973) delineates the plenary powers of the Appellate Court to confirm, reverse, or modify findings and sentences in appeals against acquittal, conviction, or for enhancement.

In Appeal from Acquittal: The Court may reverse such order and direct further inquiry, or that the accused be retried or committed for trial, or find them guilty and pass sentence according to law.
In Appeal from Conviction: The Court may reverse the finding and sentence and acquit or discharge the accused, or order retrial, or alter the finding maintaining the sentence, or reduce the sentence.
In Appeal for Enhancement: The Court may alter the finding and reverse or maintain the sentence, or enhance the sentence after giving the accused opportunity to show cause.
Proviso Safeguard: The Appellate Court shall not enhance the punishment or pass a greater sentence than the trial court could have passed.

Key Landmark Precedents:

Chandrappa v. State of Karnataka, (2007) 4 SCC 415: The Supreme Court formulated the foundational principles of appellate power under Section 386 CrPC (Section 427 BNSS): plenary power to reappreciate evidence in appeals against acquittal, but double presumption of innocence protects the accused unless findings are perverse.
Ghurey Lal v. State of U.P., (2008) 10 SCC 450: Reiterated that if two reasonable conclusions are possible on the evidence, the appellate court must not disturb the trial court's acquittal.
Sanwat Singh v. State of Rajasthan, AIR 1961 SC 715: The Constitution Bench settled that appellate powers to reappraise evidence are identical in conviction and acquittal appeals, subject to the presumption of innocence.

Courtroom Practice & Strategic Litigation Guidance:

When defending an acquittal in an appeal under Section 427, demonstrate that the trial court's view is a 'possible view' grounded in evidence, which statutorily precludes appellate reversal under Chandrappa.