Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXXI: Appeals
Section 426: Procedure for hearing appeals not dismissed summarily
In plain words
If the appeal is not dismissed summarily, the court gives notice of the hearing to the appellant or advocate, the State's appointed officer, the complainant in complaint cases, and the accused in State appeals, with copies of the grounds. It then calls for the record and hears the parties.
- If the appeal concerns only the extent or legality of the sentence, the record need not be called for.
- If the only ground is severity of the sentence, other grounds can be argued only with the court's leave.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official 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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 426
No Supreme Court judgment in our database cites this section yet.