CrPC 385 — Procedure for hearing appeals not dismissed summarily

Code of Criminal Procedure, 1973

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 pleader;
(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  377  or  section  378,  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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