(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.
Bharatiya Nagarik Suraksha Sanhita
Section 422
Appeal to Court of Session how heard
Englishहिंदी
⚡ Quick Answer Reference: Section 422 BNSS
- Provision: Section 422 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: APPEALS
- Jurisdiction: India
- Summary: This section explains how appeals to the Court of Session or Sessions Judge are heard. It says that the Sessions Judge or an Additional Sessions Judge will hear the appeal, but there are some exceptions.
Statutory Content
What does Section 422 of BNSS say?
Indian StandardSection 422, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 422 (India)
Court Pleading StandardSection 422 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/422
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 422 of BNSS mean?
Plain English Explanation
This section explains how appeals to the Court of Session or Sessions Judge are heard. It says that the Sessions Judge or an Additional Sessions Judge will hear the appeal, but there are some exceptions.
Practical Interpretation
In real practice, this section means that the Sessions Judge or an Additional Sessions Judge will usually hear appeals to the Court of Session or Sessions Judge. However, there are some specific cases where the Chief Judicial Magistrate may hear the appeal instead.
Core Legal Purpose
The core purpose of this section is to clarify the procedure for hearing appeals to the Court of Session or Sessions Judge, ensuring that the right judge hears the case.
Key Legal Elements
- •The appeal must be to the Court of Session or Sessions Judge.
- •The Sessions Judge or an Additional Sessions Judge must hear the appeal, unless there is an exception.
- •The Sessions Judge must decide which judge will hear the appeal, or the High Court may direct the Chief Judicial Magistrate to hear it.
- •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.
Practical Example
Practical Example of Section 422 BNSS
Rajesh is convicted by a Magistrate of the second class in a trial. He appeals to the Court of Session or Sessions Judge. According to Section 422, the Sessions Judge may decide to hear the appeal himself or direct the Chief Judicial Magistrate to hear it. In this case, the Sessions Judge decides to direct the Chief Judicial Magistrate to hear the appeal. The Chief Judicial Magistrate then hears the appeal and makes a decision.
Common Questions (FAQ)
Frequently Asked Questions about Section 422 BNSS
Q: What is the punishment or consequence under Section 422 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it deals with the procedure for hearing appeals to the Court of Session or Sessions Judge.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not deal with criminal classification. Therefore, it is neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 422 BNSS
What is Section 422 of BNSS?
Section 422 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Appeal to Court of Session how heard". In plain terms: This section explains how appeals to the Court of Session or Sessions Judge are heard. It says that the Sessions Judge or an Additional Sessions Judge will hear the appeal, but there are some exceptions.
What is the punishment under Section 422 of BNSS?
Section 422 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 422 of BNSS bailable or non-bailable?
Whether Section 422 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 422 of BNSS?
The essential elements of Section 422 of BNSS are: The appeal must be to the Court of Session or Sessions Judge.; The Sessions Judge or an Additional Sessions Judge must hear the appeal, unless there is an exception.; The Sessions Judge must decide which judge will hear the appeal, or the High Court may direct the Chief Judicial Magistrate to hear it..
Landmark Case Laws
Landmark Judgments under Section 422 BNSS
Patnahcucisdb94 High Court (10 8)
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