Section 384 CrPC: Summary Dismissal of Appeals in India – Code of Criminal Procedure
1. State the Code:
Section 384 of the Code of Criminal Procedure, 1973, deals with the summary dismissal of appeals in certain cases.
2. Explain it:
Section 384 empowers the appellate court to summarily dismiss an appeal if it finds that:
- The appeal is frivolous or vexatious.
- The appeal has been preferred merely for the purpose of delay or for any other improper motive.
- The appeal is based on grounds which are demonstrably untenable.
- The appeal is barred by any law for the time being in force.
Essentially, this section allows the appellate court to dispose of appeals that are clearly without merit or are intended to obstruct the legal process.
3. Illustrate it:
Consider a scenario where an individual is convicted of theft, and they file an appeal against the conviction. The appellate court finds that the appeal is based on flimsy grounds and is merely aimed at delaying the execution of the judgment. In such a case, the appellate court can summarily dismiss the appeal under Section 384.
4. Common Questions and Answers:
Q: What are the grounds for summary dismissal under Section 384?
A: The grounds are listed in the section itself, including frivolous or vexatious appeals, appeals filed for delay or improper motives, appeals based on untenable grounds, and appeals barred by law.
Q: Can an appeal be dismissed without hearing the appellant?
A: While the court may dismiss the appeal summarily, it is generally expected to provide the appellant an opportunity to be heard before dismissing the appeal. The court must be satisfied that the appeal is demonstrably without merit before dismissing it without a hearing.
Q: What are the consequences of summary dismissal?
A: The judgment of the lower court becomes final and binding, and the appeal is effectively rejected. The appellant may be liable to pay costs to the respondent.
