BNSS §426
hearing
Jump to section
Comparison
385. Procedure for hearing appeals not dismissed summarily.—(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.
426.
(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.
What changedAI-inferred
Procedure for hearing appeals not dismissed summarily.
Old position
CrPC 385 is concerned with Procedure for hearing appeals not dismissed summarily. Procedure for hearing appeals not dismissed summarily
New position
BNSS 426 preserves the framework with drafting modernisations as required by the new code. Topic: hearing. 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
BNSS 426 (hearing) preserves the framework of CrPC 385. BNSS 426 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 426 text: If the Appellate Court does not dismiss the appeal summarily, it shall...
Editorial deltaAI-indicated (source-linked)
BNSS 426 (hearing) preserves the framework of CrPC 385. BNSS 426 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 426 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 385 continues to apply. For matters from that date forward, BNSS 426 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 426 (hearing). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §385 → BNSS §426 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bnss/426.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.