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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXXI: Appeals

Section 422 BNSS: Appeal to Court of Session how heard

Corresponding CrPC
Section 381 CrPC

Bare Act text

(1) Subject to the provisions of sub-section (2), an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge:

Provided that an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by the Chief Judicial Magistrate.

(2) An Additional Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him or as the High Court may, by special order, direct him to hear.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

An appeal to the Court of Session is heard by the Sessions Judge or an Additional Sessions Judge. A proviso allows an appeal against a second class Magistrate's conviction to be heard and disposed of by the Chief Judicial Magistrate. Sub-section (2) deals with appeals made over to an Additional Sessions Judge.

Chapter XXXI: Appeals

  1. 413 No appeal to lie unless otherwise provided
  2. 414 Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behavior
  3. 415 Appeals from convictions
  4. 416 No appeal in certain cases when accused pleads guilty
  5. 417 No appeal in petty cases
  6. 418 Appeal by State Government against sentence
  7. 419 Appeal in case of acquittal
  8. 420 Appeal against conviction by High Court in certain cases
  9. 421 Special right of appeal in certain cases
  10. 422 Appeal to Court of Session how heard
  11. 423 Petition of appeal
  12. 424 Procedure when appellant in jail
  13. 425 Summary dismissal of appeal
  14. 426 Procedure for hearing appeals not dismissed summarily
  15. 427 Powers of Appellate Court
  16. 428 Judgments of subordinate Appellate Court
  17. 429 Order of High Court on appeal to be certified to lower Court
  18. 430 Suspension of sentence pending appeal; release of appellant on bail
  19. 431 Arrest of accused in appeal from acquittal
  20. 432 Appellate Court may take further evidence or direct it to be taken
  21. 433 Procedure where Judges of Court of appeal are equally divided
  22. 434 Finality of judgments and orders on appeal
  23. 435 Abatement of appeals
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