Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 422: Appeal to Court of Session How Heard
(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.
Brief Detail
Section 422 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the process for hearing appeals to the Court of Session. It specifies that:
- Appeals are generally heard by a Sessions Judge or an Additional Sessions Judge.
- Appeals against convictions from trials held by a Magistrate of the second class can be heard by the Chief Judicial Magistrate.
- Additional Sessions Judges or Chief Judicial Magistrates can only hear appeals assigned to them by the Sessions Judge or directed by the High Court.
Question & Answers
Q1: Who hears appeals to the Court of Session according to Section 422?
A1: Appeals are heard by the Sessions Judge or by an Additional Sessions Judge.
Q2: Can a Chief Judicial Magistrate hear any appeal?
A2: Yes, a Chief Judicial Magistrate can hear appeals against convictions on trials held by a Magistrate of the second class.
Q3: What conditions apply for an Additional Sessions Judge to hear an appeal?
A3: An Additional Sessions Judge can only hear appeals assigned by the Sessions Judge of the division or as directed by the High Court.
Q4: What does sub-section (2) of Section 422 specify?
A4: It specifies that an Additional Sessions Judge or Chief Judicial Magistrate shall hear only those appeals assigned to them by the Sessions Judge or directed by the High Court.
Example
- Example 1: If a person is convicted in a trial conducted by a second-class Magistrate, the appeal can be heard by the Chief Judicial Magistrate.
- Example 2: A Sessions Judge may assign an appeal to an Additional Sessions Judge based on a special order.
Summary
Section 422 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a clear framework for the hearing of appeals in the Court of Session. It designates the authorities responsible for hearing such appeals and specifies the conditions under which an Additional Sessions Judge or Chief Judicial Magistrate can take up appeals. This ensures an organized approach to handling appeals within the judicial system.
