(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.
Bharatiya Nagarik Suraksha Sanhita
Section 426
Procedure for hearing appeals not dismissed summarily
⚡ Quick Answer Reference: Section 426 BNSS
- Provision: Section 426 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: APPEALS
- Jurisdiction: India
- Summary: This section outlines the procedure for hearing appeals that are not dismissed immediately, including notifying parties and sending for case records.
What does Section 426 of BNSS say?
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What does Section 426 of BNSS mean?
Plain English Explanation
This section outlines the procedure for hearing appeals that are not dismissed immediately, including notifying parties and sending for case records.
Practical Interpretation
In practice, this section ensures that all relevant parties are informed and given a chance to be heard before the appeal is decided, promoting fairness and transparency.
Core Legal Purpose
The core purpose is to establish a fair and orderly process for appeals, ensuring that the appellate court has all necessary information and that all parties are heard before a decision is made.
- •The appeal is not dismissed summarily by the Appellate Court.
- •Notice of the hearing must be given to the appellant, the state-appointed officer, the complainant (if applicable), and the accused (if applicable).
- •The key legal test is whether the appeal has merit beyond a summary dismissal, requiring a full hearing.
- •A key exception is when the appeal is only about the sentence's extent or legality, allowing the court to decide without the full case record.
Practical Example of Section 426 BNSS
Rajesh appeals his conviction, and the Appellate Court decides not to dismiss it summarily. The court notifies Rajesh, the state-appointed officer, and the complainant, Priya, of the hearing and sends for the case record. At the hearing, Rajesh's advocate argues that the sentence is too severe. The court considers the arguments and the record before making a decision.
Frequently Asked Questions about Section 426 BNSS
Q: What is the punishment or consequence under Section 426 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 appeals in criminal cases, which can involve both private individuals and public entities, but the specifics depend on the case context.
Q: Is an offence under this section bailable or cognizable?
This section does not define an offence; it outlines a procedural aspect of appeal hearings in the appellate court.
Common Questions about Section 426 BNSS
What is Section 426 of BNSS?
Section 426 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure for hearing appeals not dismissed summarily". In plain terms: This section outlines the procedure for hearing appeals that are not dismissed immediately, including notifying parties and sending for case records.
What is the punishment under Section 426 of BNSS?
Section 426 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 426 of BNSS bailable or non-bailable?
Whether Section 426 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 426 of BNSS?
The essential elements of Section 426 of BNSS are: The appeal is not dismissed summarily by the Appellate Court.; Notice of the hearing must be given to the appellant, the state-appointed officer, the complainant (if applicable), and the accused (if applicable).; The key legal test is whether the appeal has merit beyond a summary dismissal, requiring a full hearing..
Landmark Judgments under Section 426 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 426
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