Every appeal shall be made in the form of a petition in writing presented by the appellant or his advocate, and every such petition shall (unless the Court to which it is presented otherwise directs) be accompanied by a copy of the judgment or order appealed against.
Bharatiya Nagarik Suraksha Sanhita
Section 423
Petition of appeal
Englishहिंदी
⚡ Quick Answer Reference: Section 423 BNSS
- Provision: Section 423 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: APPEALS
- Jurisdiction: India
- Summary: This section requires that every appeal be made in writing and presented by the appellant or their advocate, accompanied by a copy of the judgment or order being appealed, unless the court directs otherwise.
Statutory Content
What does Section 423 of BNSS say?
Indian StandardSection 423, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 423 (India)
Court Pleading StandardSection 423 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/423
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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 423 of BNSS mean?
Plain English Explanation
This section requires that every appeal be made in writing and presented by the appellant or their advocate, accompanied by a copy of the judgment or order being appealed, unless the court directs otherwise.
Practical Interpretation
In practice, this means that appellants must carefully prepare and submit their appeals in the correct format, ensuring all necessary documents are included to avoid delays or dismissal of their appeal.
Core Legal Purpose
The core purpose of this section is to establish a clear and standardized procedure for filing appeals, ensuring that all parties have a fair opportunity to present their case and that the court can efficiently process appeals.
Key Legal Elements
- •The appeal must be made in the form of a petition in writing.
- •The petition must be presented by the appellant or their advocate.
- •A copy of the judgment or order appealed against must be included with the petition, unless the court directs otherwise.
- •The court has the discretion to direct otherwise regarding the inclusion of the judgment or order copy.
Practical Example
Practical Example of Section 423 BNSS
For instance, if Rajesh loses a case in a lower court and wants to appeal, he must submit a written petition to the higher court, accompanied by a copy of the lower court's judgment, unless the higher court instructs him to do otherwise. This ensures that the appeal process is formalized and that all necessary information is before the court.
Common Questions (FAQ)
Frequently Asked Questions about Section 423 BNSS
Q: What is the punishment or consequence under Section 423 of BNSS?
There is no direct punishment specified under Section 423 of BNSS, as it deals with the procedural aspect of filing an appeal. Non-compliance may lead to the appeal being dismissed or delayed.
Q: Does this section apply to private individuals or public entities?
This section applies to any party, whether a private individual or a public entity, who wishes to file an appeal under the Bharatiya Nagarik Suraksha Sanhita.
Q: Is an offence under this section bailable or cognizable?
Since Section 423 of BNSS is procedural in nature and does not define a criminal offence, it is neither bailable nor cognizable. It pertains to the civil or procedural aspect of legal proceedings.
People Also Ask (PAA)
Common Questions about Section 423 BNSS
What is Section 423 of BNSS?
Section 423 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Petition of appeal". In plain terms: This section requires that every appeal be made in writing and presented by the appellant or their advocate, accompanied by a copy of the judgment or order being appealed, unless the court directs otherwise.
What is the punishment under Section 423 of BNSS?
Section 423 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 423 of BNSS bailable or non-bailable?
Whether Section 423 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 423 of BNSS?
The essential elements of Section 423 of BNSS are: The appeal must be made in the form of a petition in writing.; The petition must be presented by the appellant or their advocate.; A copy of the judgment or order appealed against must be included with the petition, unless the court directs otherwise..
Landmark Case Laws
Landmark Judgments under Section 423 BNSS
Patnahcucisdb94 High Court (10 8)
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