Section 422 BNSS: Appeal to Court of Session - How Heard
Section 422 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) specifies which judicial officer may hear an appeal presented to the Court of Session or the Sessions Judge. It also regulates when an Additional Sessions Judge or Chief Judicial Magistrate may hear such an appeal.
Text of Section 422 BNSS
422. Appeal to Court of Session how heard.
(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.
Meaning and scope of Section 422
Section 422 is a provision about the allocation and hearing of criminal appeals within the Sessions appellate structure. It does not itself create the right of appeal. The right to appeal must arise under the relevant provisions of the BNSS or another applicable law. Once an appeal is properly before the Court of Session or Sessions Judge, Section 422 identifies the judicial officers who may hear it.
1. Sessions Judge
The Sessions Judge is the principal judicial officer authorised by Section 422(1) to hear appeals to the Court of Session or Sessions Judge.
2. Additional Sessions Judge
An Additional Sessions Judge may hear such an appeal, but Section 422(2) makes the exercise of that appellate jurisdiction dependent upon allocation. The appeal must be made over by the Sessions Judge through a general or special order, or the High Court must specially direct the Additional Sessions Judge to hear it.
3. Chief Judicial Magistrate
The proviso to Section 422(1) permits an appeal against a conviction after a trial by a Magistrate of the second class to be heard and disposed of by the Chief Judicial Magistrate. Under Section 422(2), the Chief Judicial Magistrate may hear only those appeals made over by the Sessions Judge or specially directed by the High Court.
Key points for practice
- Section 422 regulates who hears an appeal to the Sessions Court; it does not independently confer a right of appeal.
- The Sessions Judge may hear the appeal directly.
- An Additional Sessions Judge requires a general or special order of the Sessions Judge, or a special direction of the High Court.
- A Chief Judicial Magistrate may deal with the limited category stated in the proviso, subject to the allocation requirement in sub-section (2).
- The provision should be read with the surrounding BNSS provisions governing the petition of appeal, summary dismissal, hearing of appeals and powers of the appellate court.
Corresponding provision under the Code of Criminal Procedure, 1973
Section 422 BNSS broadly corresponds to Section 381 of the Code of Criminal Procedure, 1973 (CrPC), which was also titled "Appeal to Court of Session how heard." One notable drafting change is that the BNSS text does not retain the CrPC reference to an Assistant Sessions Judge in this provision.
| BNSS, 2023 | CrPC, 1973 |
|---|---|
| Section 422 | Section 381 |
| Sessions Judge or Additional Sessions Judge; specified appeal may be heard by Chief Judicial Magistrate. | Sessions Judge or Additional Sessions Judge; the corresponding proviso also referred to an Assistant Sessions Judge or Chief Judicial Magistrate. |
The applicable procedural law in a particular matter can depend on commencement and saving provisions and the date and nature of the proceeding. Case-specific legal advice may therefore be necessary.
Related BNSS appeal provisions
For the sequence of appellate procedure, see Section 421 - Special right of appeal in certain cases, Section 423 - Petition of appeal, Section 424 - Procedure when appellant in jail, Section 425 - Summary dismissal of appeal, Section 426 - Procedure for hearing appeals not dismissed summarily, and Section 427 - Powers of Appellate Court.
Official legal sources
For the authoritative text and implementation material, refer to the India Code portal and the Ministry of Home Affairs - New Criminal Laws.