After perusing such record and hearing the appellant or his advocate, if he appears, and the Public Prosecutor if he appears, and in case of an appeal under section 418 or section 419, the accused, if he appears, the Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may— (a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law; (b) in an appeal from a conviction— (i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial; or (ii) alter the finding, maintaining the sentence; or (iii) with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, but not so as to enhance the same; (c) in an appeal for enhancement of sentence— (i) reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a Court competent to try the offence; or (ii) alter the finding maintaining the sentence; or (iii) with or without altering the finding, alter the nature or the extent, or, the nature and extent, of the sentence, so as to enhance or reduce the same; (d) in an appeal from any other order, alter or reverse such order; (e) make any amendment or any consequential or incidental order that may be just or proper: Provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement: Provided further that the Appellate Court shall not inflict greater punishment for the offence which in its opinion the accused has committed, than might have been inflicted for that offence by the Court passing the order or sentence under appeal.
Bharatiya Nagarik Suraksha Sanhita
Section 427
Powers of Appellate Court
⚡ Quick Answer Reference: Section 427 BNSS
- Provision: Section 427 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: APPEALS
- Jurisdiction: India
- Summary: This section explains the powers of an Appellate Court in India. It says that after reviewing the case records and hearing the parties involved, the Appellate Court can either dismiss the appeal or make certain decisions based on the type of appeal. For example, if it's an appeal from an acquittal, the Appellate Court can reverse the order and order a retrial. If it's an appeal from a conviction, the Appellate Court can reverse the conviction, alter the sentence, or acquit the accused.
What does Section 427 of BNSS say?
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What does Section 427 of BNSS mean?
Plain English Explanation
This section explains the powers of an Appellate Court in India. It says that after reviewing the case records and hearing the parties involved, the Appellate Court can either dismiss the appeal or make certain decisions based on the type of appeal. For example, if it's an appeal from an acquittal, the Appellate Court can reverse the order and order a retrial. If it's an appeal from a conviction, the Appellate Court can reverse the conviction, alter the sentence, or acquit the accused.
Practical Interpretation
In real-life practice, this section means that the Appellate Court has the power to review and make decisions on appeals from lower courts. The Appellate Court can consider the evidence and arguments presented by the parties and make a decision based on the law. This section is important because it gives the Appellate Court the authority to correct errors made by lower courts and ensure that justice is served.
Core Legal Purpose
The core purpose of this section is to provide a framework for the Appellate Court to exercise its powers and make decisions on appeals. The section aims to ensure that the Appellate Court has the authority to review and correct errors made by lower courts, and to provide a fair and just outcome for the parties involved.
- •The Appellate Court must review the case records and hear the parties involved before making a decision.
- •The Appellate Court must consider the type of appeal and the specific circumstances of the case when making a decision.
- •The Appellate Court must consider whether there are sufficient grounds for interfering with the lower court's decision.
- •The Appellate Court cannot enhance the sentence unless the accused has had an opportunity to show cause against such enhancement.
Practical Example of Section 427 BNSS
Rajesh is accused of theft and is convicted by a lower court. He appeals the conviction to the Appellate Court. The Appellate Court reviews the case records and hears Rajesh's advocate. After considering the evidence and arguments presented, the Appellate Court decides to alter the sentence, reducing the prison term from 5 years to 3 years. This is an example of how Section 427 of BNSS applies in everyday situations.
Frequently Asked Questions about Section 427 BNSS
Q: What is the punishment or consequence under Section 427 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequences of this section depend on the specific decision made by the Appellate Court, which can range from dismissing the appeal to altering the sentence.
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 powers of the Appellate Court in reviewing and making decisions on appeals from lower courts.
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 not applicable to determine whether an offence is bailable or cognizable.
Common Questions about Section 427 BNSS
What is Section 427 of BNSS?
Section 427 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Powers of Appellate Court". In plain terms: This section explains the powers of an Appellate Court in India. It says that after reviewing the case records and hearing the parties involved, the Appellate Court can either dismiss the appeal or make certain decisions based on the type of appeal. For example, if it's an appeal from an acquittal, the Appellate Court can reverse the order and order a retrial. If it's an appeal from a conviction, the Appellate Court can reverse the conviction, alter the sentence, or acquit the accused.
What is the punishment under Section 427 of BNSS?
Section 427 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 427 of BNSS bailable or non-bailable?
Whether Section 427 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 427 of BNSS?
The essential elements of Section 427 of BNSS are: The Appellate Court must review the case records and hear the parties involved before making a decision.; The Appellate Court must consider the type of appeal and the specific circumstances of the case when making a decision.; The Appellate Court must consider whether there are sufficient grounds for interfering with the lower court's decision..
Landmark Judgments under Section 427 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 427
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