Official criminal procedure provision under the Bharatiya Nagarik Suraksha Sanhita, 2023.
Official Statutory Wording (100% Legally Correct)
(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. Appeal against conviction by High Court in certain cases. Special right of appeal in certain cases. Appeal to Court of Session how heard. Petition of appeal. Procedure when appellant in jail. Summary dismissal of appeal. (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.
Simplified Legal Summary
This section details the statutory rules, frameworks, and procedures under Section 425 of the BNSS.
Legal Compliance Notice
This content is compiled from the official Gazette of India publication. For active legal actions, petitions, or filings, citizens are advised to cross-reference this clause with their legal advocate under the corresponding Sections of the BNSS 2023.
Frequently Asked Questions (FAQs)
Q: What does BNSS Section 425 cover?
A: Section 425 of the BNSS 2023 deals with: "Section 425 of the Act". It is part of India's updated criminal procedure law that replaced the old CrPC 1973, effective July 1, 2024.
Q: Which old CrPC section does BNSS Section 425 replace?
A: BNSS Section 425 ("Section 425 of the Act") is part of the BNSS 2023 which replaced the entire CrPC 1973. Many sections were renumbered — use the Law Decoder for exact cross-references.
Q: Does BNSS Section 425 apply across all Indian states?
A: Yes. BNSS 2023 applies to the whole of India except Nagaland and specified tribal areas (per Section 1 BNSS). Section 425 ("Section 425 of the Act") follows this national applicability.
Q: When did BNSS Section 425 come into effect?
A: The BNSS 2023 — including Section 425 ("Section 425 of the Act") — came into effect on July 1, 2024, by Central Government notification in the Official Gazette.
