- 11-Nov-2024
- Consumer Court Law Guides
(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—
(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.
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.
A1: The Appellate Court may dismiss the appeal summarily.
A2: The appellant or their advocate must have a reasonable opportunity to be heard.
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.
A4: Yes, the appeal cannot be dismissed summarily until the period allowed for filing such an appeal has expired.
A5: They must record their reasons for dismissing the appeal.
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.
Answer By Law4u TeamDiscover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.