BNSS Section 426 — Procedure for hearing appeals not dismissed summarily

CHAPTER XXXI APPEALS

Criminal

Summary

If the appellate court decides to hear an appeal instead of dismissing it right away, it must give notice of the hearing date and place to the appellant or their lawyer, to a government-appointed officer, and, if the case was based on a complaint, to the complainant. In certain appeals, the accused must also be notified. The court must also provide these people with a copy of the grounds of appeal. The court will then get the case record if it does not already have it, and hear both sides, though it may skip getting the record if the appeal is only about the sentence. If the only reason for the appeal is that the sentence is too harsh, the appellant cannot argue any other point without the court’s permission.

Official Text

(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 418 or section 419, 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.

Related Judgments

  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • 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 §385 — Procedure for hearing appeals not dismissed summarily