BNSS Section 422 — Appeal to Court of Session how heard

Summary

An appeal that goes to the Court of Session or to a Sessions Judge will normally be heard by the Sessions Judge or by an Additional Sessions Judge. However, if the appeal is against a conviction from a trial held by a second-class Magistrate, it can be heard and decided by the Chief Judicial Magistrate instead. An Additional Sessions Judge or a Chief Judicial Magistrate can only hear those appeals that the Sessions Judge of the division assigns to them, either generally or for a specific case, or that the High Court specially orders them to hear.

Official Text

(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.

Related Judgments

• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §381 — Appeal to Court of Session how heard