Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 425: Summary dismissal of appeal.
(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.
Brefe Detail
This section outlines the process for the summary dismissal of appeals in the Appellate Court. It specifies conditions under which an appeal can be dismissed without a full hearing, emphasizing the need to give the appellant or their advocate a reasonable opportunity to be heard, particularly for appeals under sections 423 and 424. The court may also review the case records before making a dismissal.
Question & Answers
Q1: What happens if the Appellate Court finds no sufficient ground for an appeal?
A1: The Appellate Court may dismiss the appeal summarily.
Q2: What must occur before dismissing an appeal presented under section 423?
A2: The appellant or their advocate must have a reasonable opportunity to be heard.
Q3: Can an appeal under section 424 be dismissed without a hearing?
A3: No, it cannot be dismissed without a hearing unless the court finds the appeal frivolous or considers that bringing the accused to court would be excessively inconvenient.
Q4: Is there a time limit for dismissing appeals under section 424?
A4: Yes, the appeal cannot be dismissed summarily until the period allowed for filing such an appeal has expired.
Q5: What must the Court of Session or Chief Judicial Magistrate do when dismissing an appeal?
A5: They must record their reasons for dismissing the appeal.
Example
- An appellant files an appeal but is summarily dismissed by the Appellate Court because the court finds no grounds for interference after a brief review.
- Before dismissing an appeal, the Appellate Court allows the appellant's advocate to present their case, ensuring fairness in the process.
- If the Appellate Court dismisses an appeal under section 424, it checks whether another related appeal under section 423 is pending and may choose to hear it if it serves justice.
Summary
Section 425 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes the procedure for the summary dismissal of appeals by the Appellate Court. It emphasizes the importance of giving the appellant a chance to be heard and outlines specific conditions under which appeals may be dismissed. The section also mandates that courts record reasons for dismissals and allows for the consideration of related appeals in the interests of justice.
