BNSS Section 425 — Summary dismissal of appeal

CHAPTER XXXI APPEALS

Criminal

Summary

If the appeals court looks at the appeal papers and the trial court’s judgment and decides there is no good reason to change the decision, it can reject the appeal right away without a full hearing. However, before rejecting an appeal filed under section 423, the court must give the appellant or their lawyer a fair chance to argue in support of the appeal. For appeals filed under section 424, the court must give the appellant a fair chance to be heard, unless the appeal is clearly pointless or bringing the accused person from custody would cause too much trouble. The court cannot reject an appeal under section 424 until the time allowed for filing that appeal has ended. Before rejecting an appeal, the court may ask for the full case record. If the court rejecting the appeal is a Sessions Court or a Chief Judicial Magistrate, it must write down its reasons for doing so. If the court later finds that another appeal on the same matter filed under section 423 was not considered, it may still hear and decide that appeal if it is necessary for justice.

Official Text

(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.

Related Judgments

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

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