Code
Section 422 BNSS
(1) Subject to the provisions of sub-section (2), an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge:
Provided that 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.
(2) An Additional Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him or as the High Court may, by special order, direct him to hear.
Explanation of Section 422 BNSS
This section defines who has the authority to hear appeals in the Court of Session. It categorizes appeals based on the type of magistrate who conducted the trial and establishes clear guidelines on appeal distribution among judicial officers.
Key Features of Section 422:
-Appeals in Sessions Court are generally heard by the Sessions Judge or an Additional Sessions Judge.
-Appeals from Magistrates of the Second Class can be heard by the Chief Judicial Magistrate.
-Sessions Judges decide which cases Additional Sessions Judges or Chief Judicial Magistrates will hear.
-High Courts can assign specific appeals to Additional Sessions Judges or Chief Judicial Magistrates.
Illustrations
Example 1: Appeal Against Conviction by a Magistrate of the First Class
- Ravi is convicted by a Magistrate of the First Class for an offense.
- He files an appeal in the Court of Session.
- The Sessions Judge or an Additional Sessions Judge will hear the appeal.
Example 2: Appeal Against Conviction by a Magistrate of the Second Class
- Anjali is convicted by a Magistrate of the Second Class.
- She appeals against the conviction.
- Her appeal can be heard by the Chief Judicial Magistrate (CJM).
Example 3: Sessions Judge Assigning Appeals
- A Sessions Judge receives multiple appeals.
- To manage the workload, the judge assigns some appeals to an Additional Sessions Judge.
- The High Court can also assign specific appeals to an Additional Sessions Judge or CJM.
Common Questions and Answers
1. Can an Additional Sessions Judge hear all appeals?
No. An Additional Sessions Judge can only hear appeals that the Sessions Judge assigns to them or those directed by the High Court.
2. Who can hear appeals against Magistrates of the Second Class?
Appeals against Magistrates of the Second Class may be heard by the Chief Judicial Magistrate (CJM).
3. What happens if there are too many appeals in a Sessions Court?
The Sessions Judge can distribute appeals among Additional Sessions Judges and Chief Judicial Magistrates through general or special orders to efficiently manage case load.
Conclusion
Section 422 BNSS provides clarity on the appellate process in the Court of Session by allocating authority among Sessions Judges, Additional Sessions Judges, and Chief Judicial Magistrates. It ensures proper distribution of appeals and efficient case management.
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