BNSS §423

382. Petition of appeal.—Every appeal shall be made in the form of a petition in writing presented by the appellant or his pleader, and every such petition shall (unless the Court to which it is presented otherwise directs) be accompanied by a copy of the judgment or order appealed against. 1. Subs. by Act 25 of 2005, s. 32, for certain words (w.e.f. 23-6-2006). 2. Subs. by s. 32, ibid., for “No appeal” (w.e.f. 23-6-2006). STATE AMENDMENT Union territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli and Lakshadweep Section 382 shall be re-numbered as sub-section

(1) of that section, and sub-section

(1) as so re-numbered, the following provisos and Explanation shall be added, namely: — “Provided that where it is not practicable to file the petition of appeal to the proper Appellate Court, the petition of appeal may be presented to the Administrator or to an Executive Magistrate, not below the rank of Sub-Divisional Magistrate, who shall forward the same to the proper Appellate Court; and, when any such appeal is presented to the Administrator or to an Executive Magistrate, he shall record thereon the date of its date of presentation and, if he is satisfied that, by reason of the weather, transport or other difficulties, it is not possible for the appellant to obtain, from the proper Appellate Court, orders for the suspension of sentence or for bail, he may, in respect of such appeal, or an appeal forwarded to him under section 383, exercise all or any of the powers of the proper Appellate Court and sub-section

(1) of section 389 with regard to suspension of sentence or release of a convicted person on bail: Provided further that the order so made by Administrator or the Executive Magistrate shall have effect until it is reversed or modified by the proper Appellate Court. Explanation:—For the purposes of the provisos to this section, and section 383, ‘Administrator’, in relation to a Union territory means the Administrator appointed by the President under article 239 of the Constitution, for that Union territory.”; In section 382 after sub-section

(1) as so re-numbered, the following sub-section shall be inserted, namely:— “(2) For purposes of computation of the period of limitation, and for all other purposes, an appeal presented to an Administrator or an Executive Magistrate under sub-section

(1) or as the case may be, under section 383, shall be deemed to be an appeal presented to the proper Appellate Court.”; [Vide The Code of Criminal Procedure (Amendment) Regulation, 1974 Act (1 of 1974) s. 5.]