CrPC Section 385 — Procedure for hearing appeals not dismissed summarily

Summary

Sub-section (1) says that if the Appellate Court does not dismiss an appeal summarily, it must give notice of when and where the appeal will be heard.

Under clause (i) of sub-section (1), notice must be given to the appellant or the appellant’s pleader.

Under clause (ii) of sub-section (1), notice must be given to an officer appointed by the State Government for this purpose.

Under clause (iii) of sub-section (1), if the appeal is against a conviction in a case started on a complaint, notice must be given to the complainant.

Under clause (iv) of sub-section (1), if the appeal is under section 377 or section 378, notice must be given to the accused. The Court must also give a copy of the grounds of appeal to the officer, complainant and accused.

Sub-section (2) says that the Appellate Court must call for the case record if it is not already available there, and then hear the parties.

The proviso to sub-section (2) says that if the appeal concerns only the extent or legality of the sentence, the Court may decide it without calling for the record.

Sub-section (3) says that when the only ground for appealing a conviction is that the sentence is too severe, the appellant may not raise or be heard on any other ground unless the Court gives 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 pleader;

(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 377 or section 378, 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.

Sections referred to

• CrPC §377 — Appeal by the State Government against sentence
• CrPC §378 — Appeal in case of acquittal

Related Judgments

• SITA RAM & ORS. vs STATE OF U.P — Supreme Court of India (1979)
• STATE OF M.P. vs BALA @ BALARAM — Supreme Court of India (2005)
• STATE OF U.P vs ABHAI RAJ SINGH AND ANR — Supreme Court of India (2004)
• JITENDRA KUMAR RODE vs UNION OF INDIA — Supreme Court of India (2023)
• STATE OF RAJASTHAN vs BHAWANI AND ANR — Supreme Court of India (2003)
• BANI SINGH AND OTHERS vs STATE OF U.P — Supreme Court of India (1996)

Old <-> New Code Mapping

• BNSS §426 — Procedure for hearing appeals not dismissed summarily