(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.
Bharatiya Nagarik Suraksha Sanhita
Section 425
Summary dismissal of appeal
⚡ Quick Answer Reference: Section 425 BNSS
- Provision: Section 425 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: APPEALS
- Jurisdiction: India
- Summary: This section allows an Appellate Court to dismiss an appeal if it finds there's no valid reason to interfere with the original judgment. However, the Court must give the appellant a chance to be heard before dismissing the appeal, unless it's frivolous or would cause significant inconvenience.
What does Section 425 of BNSS say?
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What does Section 425 of BNSS mean?
Plain English Explanation
This section allows an Appellate Court to dismiss an appeal if it finds there's no valid reason to interfere with the original judgment. However, the Court must give the appellant a chance to be heard before dismissing the appeal, unless it's frivolous or would cause significant inconvenience.
Practical Interpretation
In practice, this section means that the Appellate Court can quickly dismiss an appeal if it's clear that the appellant has no valid grounds for challenging the original judgment. However, the Court must still follow proper procedures and give the appellant a chance to be heard.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for the Appellate Court to efficiently dispose of appeals that lack merit, while still ensuring that appellants are given a fair opportunity to be heard.
- •The Appellate Court must examine the petition of appeal and copy of the judgment before dismissing the appeal.
- •The Appellate Court must consider whether there are sufficient grounds for interfering with the original judgment.
- •The Appellate Court must give the appellant a reasonable opportunity to be heard, unless the appeal is frivolous or would cause significant inconvenience.
- •The Appellate Court must record its reasons for dismissing the appeal if it's a Court of Session or Chief Judicial Magistrate.
Practical Example of Section 425 BNSS
Rajesh files an appeal against a judgment convicting him of a minor offense. The Appellate Court examines the petition and finds that there are no valid grounds for interfering with the original judgment. However, before dismissing the appeal, the Court gives Rajesh a chance to be heard. After hearing Rajesh's arguments, the Court dismisses the appeal, citing that there are no sufficient grounds for interfering with the original judgment.
Frequently Asked Questions about Section 425 BNSS
Q: What is the punishment or consequence under Section 425 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 dismissing appeals in the Appellate Court.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not deal with criminal offenses, so it is neither bailable nor cognizable.
Common Questions about Section 425 BNSS
What is Section 425 of BNSS?
Section 425 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Summary dismissal of appeal". In plain terms: This section allows an Appellate Court to dismiss an appeal if it finds there's no valid reason to interfere with the original judgment. However, the Court must give the appellant a chance to be heard before dismissing the appeal, unless it's frivolous or would cause significant inconvenience.
What is the punishment under Section 425 of BNSS?
Section 425 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 425 of BNSS bailable or non-bailable?
Whether Section 425 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 425 of BNSS?
The essential elements of Section 425 of BNSS are: The Appellate Court must examine the petition of appeal and copy of the judgment before dismissing the appeal.; The Appellate Court must consider whether there are sufficient grounds for interfering with the original judgment.; The Appellate Court must give the appellant a reasonable opportunity to be heard, unless the appeal is frivolous or would cause significant inconvenience..
Landmark Judgments under Section 425 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 425
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