How an Appeal Is Heard and Decided

In one line

Once an appeal is filed, this Part decides who hears it, whether it survives a first look, what evidence may be added, what the appellate court may do, and when it is over.

In exam wording: sections 422 to 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023 govern the hearing of appeals, summary dismissal, the powers of the Appellate Court, suspension of sentence and bail pending appeal, further evidence, a division of opinion, finality and abatement.

Why the law has this at all

An appeal has to do two contradictory things. It must be a real second look, or it is worthless. And it must end, or nothing is ever settled.

Every section here is a compromise between those two demands. Section 425 allows a summary dismissal, so that hopeless appeals do not consume a full hearing, but hedges it with three provisos so that nobody is dismissed unheard. Section 432 allows additional evidence, so that a case is not lost for want of a document, but requires reasons to be recorded and gives the accused the right to be present. Section 427 gives wide powers, and then two provisos cap them.

Section 430 answers the practical question that matters most to the appellant: he has been sentenced, and his appeal will take time. May he be out while it is heard? The section says the Appellate Court may suspend the sentence and release him, and, in two defined situations, the convicting Court itself must release him long enough to file the appeal.

Some words this chapter uses

Summary dismissal is a dismissal on the petition and judgment, without calling for a full hearing on the merits.

Suspension of sentence stops the sentence running; bail releases the person.

Abatement is the ending of an appeal by operation of law on a death.

Sections 422 to 424: the forum, the petition, the prisoner

Section 422(1). An appeal to the Court of Session shall be heard by the Sessions Judge or an Additional Sessions Judge. Proviso: an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by the Chief Judicial Magistrate.

Sub-section (2). An Additional Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge makes over to him by general or special order, or as the High Court by special order directs him to hear.

Section 423. Every appeal shall be in the form of a petition in writing presented by the appellant or his advocate, and, unless the Court otherwise directs, accompanied by a copy of the judgment or order appealed against.

Section 424. If the appellant is in jail, he may present his petition and copies to the officer in charge of the jail, who shall forward them to the proper Appellate Court.