Law4u - Made in India

What Is BNSS Section 426?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 -Section 426: Procedure for hearing appeals not dismissed summarily.

(1) If the Appellate Court does not dismiss the appeal summarily, it shall cause notice of the time and place at which such appeal will be heard to be given—

  • (i) to the appellant or his advocate;
  • (ii) to such officer as the State Government may appoint in this behalf;
  • (iii) if the appeal is from a judgment of conviction in a case instituted upon complaint, to the complainant;
  • (iv) if the appeal is under section 419 or section 420, to the accused, and shall also furnish such officer, complainant and accused with a copy of the grounds of appeal.

(2) The Appellate Court shall then send for the record of the case, if such record is not already available in that Court, and hear the parties:

Provided that if the appeal is only as to the extent or the legality of the sentence, the Court may dispose of the appeal without sending for the record.

(3) Where the only ground for appeal from a conviction is the alleged severity of the sentence, the appellant shall not, except with the leave of the Court, urge or be heard in support of any other ground.

Brefe Detail

Section 426 outlines the procedure for hearing appeals that are not dismissed summarily by the Appellate Court. It specifies the notification process for relevant parties, the requirement to obtain case records, and stipulations regarding the grounds for appeal.

Question & Answers

What happens if the Appellate Court does not dismiss the appeal summarily?

The Appellate Court will notify the appellant, relevant officers, complainants, and accused about the hearing time and place.

Who receives notice of the appeal hearing?

Notice is given to the appellant or his advocate, a State Government-appointed officer, the complainant (if applicable), and the accused (for specific sections).

Can the Appellate Court dispose of an appeal without the case record?

Yes, if the appeal concerns only the extent or legality of the sentence.

Are there limitations on what the appellant can argue if the appeal is about sentence severity?

Yes, the appellant can only argue this ground unless the Court grants leave to present other grounds.

Example

1. An appellant contests a conviction and is informed of the appeal hearing. The court notifies the complainant and the accused as per the provisions of this section.

2. If an appeal is filed solely regarding the severity of the sentence, the appellant must seek permission to raise additional issues.

Summary

Section 426 establishes a structured approach for hearing appeals that are not summarily dismissed, ensuring that all relevant parties are notified and that appeals are processed efficiently while adhering to specified legal protocols.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Gaurav Kumar

Advocate Gaurav Kumar

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Family, High Court, Labour & Service, Landlord & Tenant, Motor Accident, Property, R.T.I, Recovery, Wills Trusts

Get Advice
Advocate Anshul Gupta

Advocate Anshul Gupta

Civil, Consumer Court, Customs & Central Excise, Divorce, Documentation, GST, Family, Patent, Trademark & Copyright, Cyber Crime

Get Advice
Advocate Anil Bamaniya

Advocate Anil Bamaniya

Anticipatory Bail,Cheque Bounce,Civil,Court Marriage,Criminal,Startup,

Get Advice
Advocate Rahul Gautam

Advocate Rahul Gautam

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Labour & Service, International Law, Insurance, Landlord & Tenant, Media and Entertainment, Motor Accident, Medical Negligence, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Startup, Revenue

Get Advice
Advocate Mahesshwar Varshikarr

Advocate Mahesshwar Varshikarr

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Criminal, Divorce, Domestic Violence, Family, Landlord & Tenant, Succession Certificate, Revenue, Court Marriage

Get Advice
Advocate Pankaj Kumar Tiwary

Advocate Pankaj Kumar Tiwary

Anticipatory Bail, Corporate, Civil, Criminal, Cyber Crime, Divorce, Family, Domestic Violence, Trademark & Copyright, High Court

Get Advice
Advocate Sudheesh K

Advocate Sudheesh K

Family, Divorce, Anticipatory Bail, Criminal, Motor Accident, Cheque Bounce, Recovery, Child Custody, Cyber Crime, Domestic Violence, High Court, Breach of Contract, Arbitration, Civil, Consumer Court, Labour & Service, Landlord & Tenant, Patent, Property, R.T.I, Revenue, Wills Trusts, Trademark & Copyright, Bankruptcy & Insolvency, Banking & Finance, Corporate, Court Marriage, Customs & Central Excise, Documentation, GST, Immigration, Insurance, International Law, Media and Entertainment, Medical Negligence, Muslim Law, RERA, Tax, Succession Certificate, Startup

Get Advice
Advocate Amaresh Rath

Advocate Amaresh Rath

Family, Domestic Violence, Criminal, Banking & Finance, Arbitration, Civil, Breach of Contract, Cheque Bounce, Consumer Court, Court Marriage, Landlord & Tenant, Motor Accident, R.T.I, Property, Divorce

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.