Code: Section 425 BNSS
(1) If upon examining the petition of appeal and copy of the judgment received under Section 423 or Section 424, the Appellate Court considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily:
Provided that—
(a) no appeal presented under section 423 shall be dismissed unless the appellant or his advocate has had a reasonable opportunity of being heard in support of the same;
(b) no appeal presented under section 424 shall be dismissed except after giving the appellant a reasonable opportunity of being heard in support of the same, unless the Appellate Court considers that the appeal is frivolous or that the production of the accused in custody before the Court would involve such inconvenience as would be disproportionate in the circumstances of the case;
(c) no appeal presented under section 424 shall be dismissed summarily until the period allowed for preferring such appeal has expired.
(2) Before dismissing an appeal under this section, the Court may call for the record of the case.
(3) Where the Appellate Court dismissing an appeal under this section is a Court of Session or of the Chief Judicial Magistrate, it shall record its reasons for doing so.
(4) Where an appeal presented under section 424 has been dismissed summarily under this section and the Appellate Court finds that another petition of appeal duly presented under section 423 on behalf of the same appellant has not been considered by it, that Court may, notwithstanding anything contained in section 434, if satisfied that it is necessary in the interests of justice so to do, hear and dispose of such appeal in accordance with law.
Explanation of Section 425 BNSS
Section 425 BNSS lays down provisions for summary dismissal of appeals if the Appellate Court finds no valid grounds for interference. However, certain safeguards ensure fairness and due process.
Key Provisions of Section 425 BNSS
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Grounds for Summary Dismissal:
- The appellate court can reject an appeal if it finds that there is no sufficient reason to interfere with the original judgment.
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Opportunity to Be Heard:
- If the appeal is filed under Section 423 BNSS (General Appeals), the appellant or their lawyer must be given a chance to argue the case before dismissal.
- If the appeal is filed under Section 424 BNSS (Appeals from Jail), dismissal without a hearing is allowed only if the appeal is frivolous or producing the appellant in court would cause undue inconvenience.
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Court’s Record & Justification:
- Before dismissing an appeal, the court may call for case records to review the facts.
- If the dismissal is by a Sessions Court or Chief Judicial Magistrate, a written explanation is mandatory.
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Review of Other Pending Appeals:
- If an appeal under Section 424 BNSS is dismissed but another valid appeal under Section 423 BNSS exists, the court may reconsider the case.
Illustration
Example 1: Dismissal After Review
A person convicted under Section 175 BNSS (Public Nuisance) files an appeal under Section 423 BNSS. The appellate court examines the appeal and finds that there is no legal error in the trial court’s decision. After giving the appellant’s lawyer a chance to argue, the court dismisses the appeal.
Example 2: Appeal Filed from Jail
An appellant convicted under Section 220 BNSS (Criminal Breach of Trust) files an appeal under Section 424 BNSS from jail. The appellate court reviews the case records and finds that the appeal lacks merit. Since producing the prisoner in court is highly inconvenient, the court summarily rejects the appeal.
Common Questions and Answers on Section 425 BNSS
1. Can an appeal be dismissed without a hearing?
No, unless the appeal is frivolous or the appellant is in jail and bringing them to court would cause inconvenience.
2. What if my appeal is dismissed under Section 425 BNSS?
If the court wrongfully dismissed your appeal without hearing, you can file a revision petition before a higher court.
3. Does the Appellate Court always review the case record before dismissing an appeal?
Not necessarily. The court may review case records but is not required to do so unless it finds it necessary.
4. If an appeal under Section 424 BNSS is dismissed, can another appeal under Section 423 BNSS be heard?
Yes. If an appeal under Section 423 BNSS is found pending, the court may reconsider the case in the interest of justice.
Conclusion
Section 425 BNSS ensures quick dismissal of baseless appeals while protecting the right to be heard. The law strikes a balance between judicial efficiency and fair trial rights.
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