Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 -Section 426: Procedure for hearing appeals not dismissed summarily.
(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 419 or section 420, 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.
Brefe Detail
Section 426 outlines the procedure for hearing appeals that are not dismissed summarily by the Appellate Court. It specifies the notification process for relevant parties, the requirement to obtain case records, and stipulations regarding the grounds for appeal.
Question & Answers
What happens if the Appellate Court does not dismiss the appeal summarily?
The Appellate Court will notify the appellant, relevant officers, complainants, and accused about the hearing time and place.
Who receives notice of the appeal hearing?
Notice is given to the appellant or his advocate, a State Government-appointed officer, the complainant (if applicable), and the accused (for specific sections).
Can the Appellate Court dispose of an appeal without the case record?
Yes, if the appeal concerns only the extent or legality of the sentence.
Are there limitations on what the appellant can argue if the appeal is about sentence severity?
Yes, the appellant can only argue this ground unless the Court grants leave to present other grounds.
Example
1. An appellant contests a conviction and is informed of the appeal hearing. The court notifies the complainant and the accused as per the provisions of this section.
2. If an appeal is filed solely regarding the severity of the sentence, the appellant must seek permission to raise additional issues.
Summary
Section 426 establishes a structured approach for hearing appeals that are not summarily dismissed, ensuring that all relevant parties are notified and that appeals are processed efficiently while adhering to specified legal protocols.
