Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 423: Petition of appeal.
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.
Brefe Detail
This section specifies the requirements for filing an appeal. It states that appeals must be submitted as written petitions, either by the appellant or their advocate, and must include a copy of the judgment or order being challenged, unless the court directs otherwise.
Question & Answers
Q1: What is required to file an appeal?
A1: Every appeal must be made in the form of a written petition presented by the appellant or their advocate.
Q2: What must accompany the petition of appeal?
A2: The petition must be accompanied by a copy of the judgment or order that is being appealed, unless the court directs otherwise.
Q3: Who can present the petition of appeal?
A3: The petition can be presented by the appellant themselves or by their advocate.
Example
- An appellant wishing to challenge a court decision prepares a written petition and submits it along with a copy of the original judgment.
- A lawyer files an appeal on behalf of a client by presenting a petition and the relevant judgment to the court.
- If the court requires additional documents, the appellant may need to provide them along with the petition.
Summary
Section 423 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedure for filing an appeal. It mandates that appeals be submitted as written petitions by the appellant or their advocate and specifies the need to include a copy of the judgment or order being contested, ensuring clarity and proper documentation in the appellate process.
