Section 423 BNSS - Petition of Appeal
Section 423 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) prescribes the basic form in which a criminal appeal is to be presented. It requires an appeal to be made through a written petition presented by the appellant or the appellant's advocate and, unless the appellate Court directs otherwise, the petition must be accompanied by a copy of the judgment or order under challenge.
Text of Section 423 BNSS
423. Petition of appeal. Every appeal shall be made in the form of a petition in writing presented by the appellant or his advocate, 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.
What Section 423 BNSS Means
Section 423 deals with the manner of filing an appeal. The provision is procedural: it specifies who may present the appeal, the form of the appeal, and the document that ordinarily has to accompany it. The appeal is not to be made merely by an oral request. It must be presented as a written petition.
| Requirement | The appeal must be in the form of a written petition. |
|---|---|
| Who may present it | The appellant personally or the appellant's advocate. |
| Document ordinarily required | A copy of the judgment or order appealed against. |
| Court's discretion | The appellate Court may direct that the copy of the judgment or order need not accompany the petition. |
Essential Requirements of a Petition of Appeal
1. The appeal must be in writing
Section 423 expressly requires the appeal to be made by a petition in writing. The written petition should clearly identify the judgment or order challenged and the appellate Court before which the appeal is presented.
2. Presentation by the appellant or advocate
The petition may be presented by the appellant or by the appellant's advocate. This requirement identifies the persons through whom the appeal may ordinarily be presented to the appellate Court.
3. Copy of the judgment or order appealed against
The appeal petition is ordinarily required to be accompanied by a copy of the judgment or order against which the appeal is filed. This enables the appellate Court to identify and examine the decision under challenge.
4. Power of the appellate Court to dispense with the copy
The words "unless the Court to which it is presented otherwise directs" give the appellate Court discretion to permit presentation of the appeal without the accompanying copy where the Court considers it appropriate.
Practical point: Section 423 states the minimum statutory form of presentation. Other requirements such as limitation, court-specific filing rules, prescribed forms, certified copies, affidavits, vakalatnama, indexing, pagination or electronic filing requirements may separately apply depending on the Court and the nature of the appeal.
BNSS Commencement
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. The Central Government appointed 1 July 2024 as the date on which the provisions of the BNSS came into force, except the specified First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.
Related Appeal Provisions
Section 423 forms part of the statutory framework governing criminal appeals. Nearby provisions deal with matters such as the special right of appeal, hearing of appeals by the Court of Session, appeals by persons in jail, summary dismissal, hearing of appeals not dismissed summarily, powers of the appellate Court, appellate judgments, certification of High Court orders to lower Courts, and suspension of sentence pending appeal.
Frequently Asked Questions
Is an oral request sufficient to file an appeal under Section 423?
No. Section 423 requires the appeal to be made in the form of a petition in writing.
Can an advocate present the appeal?
Yes. The section expressly permits presentation by the appellant or the appellant's advocate.
Must the judgment or order always be attached?
Ordinarily, yes. However, the appellate Court has express power to direct otherwise.
Does Section 423 itself prescribe the grounds of appeal?
Section 423 mainly regulates the form and presentation of the appeal. The legal grounds, maintainability, limitation and other requirements depend on the applicable appellate provisions and procedural rules.
Official References
For authoritative and updated statutory material, refer to the official Government sources linked in the sidebar, including the Ministry of Home Affairs page for the new criminal laws and the India Code portal.