Section 425 BNSS 2023: Summary Dismissal of Appeal
Section 425 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governs the summary dismissal of a criminal appeal when the Appellate Court, after examining the appeal petition and the judgment or order appealed against, finds no sufficient ground for interference. The provision also contains safeguards concerning hearing of the appellant, appeals presented from jail, calling for the record, and recording reasons.
What does Section 426 BNSS provide?
Section 425 permits an Appellate Court to dismiss an appeal at the threshold where, after examining the petition of appeal and the copy of the judgment or order received in accordance with the applicable appellate provisions, the Court considers that there is no sufficient ground for interference. The power is not unrestricted: the section expressly protects the appellant's opportunity of hearing in the situations specified by law.
Section 425 BNSS - statutory framework
Sub-section (1): The Appellate Court may summarily dismiss an appeal if, on examining the appeal petition and the judgment or order, it finds no sufficient ground for interference.
Hearing safeguard: An appeal presented in the ordinary manner cannot be summarily dismissed without giving the appellant or the appellant's advocate a reasonable opportunity of being heard in support of the appeal.
Appeal from jail: Where the appeal has been presented through the jail authorities, the appellant must ordinarily be given a reasonable opportunity of being heard, subject to the statutory exceptions relating to frivolous appeals or disproportionate inconvenience in producing the accused in custody.
Limitation safeguard: An appeal presented from jail is not to be dismissed summarily until the period allowed for preferring the appeal has expired.
Sub-section (2): Before dismissing an appeal summarily, the Court may call for the record of the case.
Sub-section (3): Where the Court of Session or the Chief Judicial Magistrate dismisses an appeal under this section, reasons for the dismissal must be recorded.
Sub-section (4): If an appeal presented from jail has been summarily dismissed and another duly presented appeal by the same appellant was not considered, the Court may, where the interests of justice require, hear and dispose of that other appeal in accordance with law.
Key safeguards against improper summary dismissal
- Judicial scrutiny is required: The Court must examine the appeal petition and the judgment or order under challenge before deciding that no sufficient ground for interference exists.
- Reasonable opportunity of hearing: The statutory hearing requirement protects the appellant against dismissal without an opportunity to support the appeal, subject to the limited exceptions specified for jail appeals.
- Record may be called: The Appellate Court has power to call for the lower court record before deciding whether summary dismissal is appropriate.
- Reasons must be recorded by specified courts: A Court of Session or Chief Judicial Magistrate dismissing an appeal summarily must record reasons.
- Protection where parallel appeal was overlooked: The provision permits reconsideration in the interests of justice where a duly presented appeal by the same appellant was not considered.
Section 425 BNSS: Summary Dismissal of Appeal
Section 425 authorises the Appellate Court to dismiss an appeal summarily where, after examining the petition of appeal and the judgment or order under challenge, it is satisfied that there is no sufficient ground for interference. The power is subject to the procedural safeguards contained in the section.
| Requirement | Effect under Section 425 |
|---|---|
| Preliminary judicial scrutiny | The Appellate Court must examine the appeal petition and the judgment or order before deciding whether interference is warranted. |
| Opportunity of hearing | The appellant or advocate must be given a reasonable opportunity of being heard where required by the provision. |
| Calling for record | The Court may call for the record of the case before dismissing the appeal summarily. |
| Recording reasons | Where the Court of Session or Chief Judicial Magistrate dismisses the appeal summarily, reasons are to be recorded. |
| Interests of justice | The provision safeguards against prejudice where another duly presented appeal by the same appellant has not been considered. |
Related appellate procedure under BNSS
The appellate provisions of the BNSS prescribe the manner in which criminal appeals are presented, scrutinised and heard. Section 425 addresses summary dismissal at the preliminary stage, while the succeeding provisions deal with the further hearing and disposal of appeals that are not summarily dismissed.
Section 425 should be read together with the surrounding appellate provisions so that the rules regarding presentation, preliminary scrutiny, hearing and final disposal of appeals operate as a complete procedural framework.
Practical meaning of "summary dismissal"
A summary dismissal is a disposal of the appeal at the preliminary stage without proceeding to the full appellate hearing contemplated for appeals that survive initial scrutiny. It does not mean that the Court may dismiss an appeal mechanically. The Court must apply its judicial mind to the appeal and observe the hearing and reason-recording safeguards applicable under Section 425.
Official legal sources
For the authoritative text, consult the official India Code portal and the Ministry of Home Affairs - New Criminal Laws page. The BNSS was brought into force from 1 July 2024, subject to the notified exception concerning the specified entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.
Last reviewed: 12 September 2026.