Procedure for hearing appeals not dismissed summarily.
What this section does
If the appeal is not summarily dismissed, the Appellate Court must give notice of the hearing to the appellant or advocate, the State Government's appointed officer, the complainant (in complaint cases), and the accused (in appeals under sections 418 or 419). The court then sends for the record and hears the parties, though it may dispose of sentence-only appeals without calling for the record. Where the sole ground of appeal is severity of sentence, the appellant may not urge other grounds without the court's leave.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Appellate Court · Appellant · Advocate · State Government officer · Complainant · Accused · Public Prosecutor
Derived from CrPC s.385.
Read the official text
For the binding statutory text of BNSS Section 426, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 426 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.