BNSS 426 — Procedure for hearing appeals not dismissed summarily.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory text

(1) If the Appellate Court does not
dismiss the appeal summarily, it shall cause notice of the time and place at which such appeal will be heard
to be given—
(i) to the appellant or his advocate;
(ii) to such officer as the State Government may appoint in this behalf;
(iii)  if  the  appeal  is  from  a  judgment  of  conviction  in  a  case  instituted  upon  complaint,  to  the
complainant;
(iv) if the appeal is under section 418 or section 419, to the accused, and shall also furnish such
officer, complainant and accused with a copy of the grounds of appeal.
(2) The Appellate Court shall then send for the record of the case, if such record is not already available
in that Court, and hear the parties:
Provided that if the appeal is only as to the extent or the legality of the sentence, the Court may dispose
of the appeal without sending for the record.
(3)  Where  the  only  ground  for  appeal  from  a  conviction  is  the  alleged  severity  of  the  sentence,  the
appellant shall not, except with the leave of the Court, urge or be heard in support of any other ground.

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