Introduction
Section 422 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lays down the manner in which an appeal before the Court of Session is to be heard. The provision primarily determines which Judge of the Court of Session may hear such an appeal and places an important restriction on a Judge hearing an appeal from a judgment delivered by that Judge.
The section helps maintain fairness and impartiality in the appellate process by ensuring that a Judge does not hear an appeal against his or her own judgment.
Meaning of Appeal to Court of Session How Heard
An appeal to the Court of Session is a statutory appellate proceeding in which the appellate court examines a judgment or order passed by a subordinate criminal court.
Section 422 regulates the manner in which such appeals are heard within the Court of Session. It provides for hearing by the Sessions Judge or an Additional Sessions Judge, subject to the restriction contained in the provision.
Statutory Basis
The statutory basis is Section 422 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Under this provision:
- an appeal to the Court of Session may be heard by the Sessions Judge or by an Additional Sessions Judge;
- an Additional Sessions Judge can hear the appeal if the Sessions Judge makes an order of general or special distribution in this regard;
- a Sessions Judge or Additional Sessions Judge cannot hear an appeal against a judgment or order passed by that same Judge.
Essential Elements
1. Appeal Must Lie to the Court of Session
The provision applies where the relevant appeal is required to be heard by the Court of Session.
It does not regulate appeals that lie directly to the High Court or the Supreme Court.
2. Hearing by the Sessions Judge
The Sessions Judge may hear an appeal filed before the Court of Session.
The Sessions Judge is therefore one of the competent judicial authorities for hearing such an appeal.
3. Hearing by an Additional Sessions Judge
An Additional Sessions Judge may also hear an appeal to the Court of Session.
However, the hearing must be in accordance with a general or special order made by the Sessions Judge for the distribution of appellate business.
4. Restriction Against Hearing an Appeal from One’s Own Judgment
A Judge cannot hear an appeal against a judgment or order passed by that Judge.
Thus, if a Sessions Judge or Additional Sessions Judge has passed the judgment or order being challenged, that Judge cannot subsequently hear the appeal arising from it.
Procedure
1. Filing of Appeal
The appeal is filed before the Court of Session where the law provides for such an appellate remedy.
2. Assignment of the Appeal
The appeal may be heard by the Sessions Judge.
Where appropriate, the Sessions Judge may make a general or special order assigning the appeal to an Additional Sessions Judge.
3. Verification of Judicial Disqualification
Before hearing the appeal, it must be ensured that the Judge hearing the matter did not pass the judgment or order under appeal.
If the Judge passed the impugned judgment or order, that Judge cannot hear the appeal.
4. Hearing and Decision
The competent Judge hears the appeal and decides it according to the applicable provisions of the BNSS governing criminal appeals.
Object and Purpose
Section 422 serves two important procedural purposes.
First, it provides flexibility in the distribution of appellate work within the Court of Session by allowing appeals to be heard by the Sessions Judge or, where assigned, by an Additional Sessions Judge.
Second, it protects the principle of impartial adjudication by preventing a Judge from hearing an appeal against his or her own decision.
Powers of the Sessions Judge
The Sessions Judge may:
- hear appeals presented before the Court of Session;
- make a general order for the distribution of appellate business to an Additional Sessions Judge;
- make a special order assigning a particular appeal to an Additional Sessions Judge.
The power of distribution assists in the efficient administration of appellate work within the Sessions Division.
Important Distinctions
Original Jurisdiction and Appellate Jurisdiction
Original jurisdiction involves hearing a matter at the stage where it is initially brought before the court for adjudication.
Appellate jurisdiction involves examining a judgment or order already passed by a lower court or other competent court, subject to the statutory framework governing appeals.
Section 422 specifically concerns the hearing of appeals by the Court of Session.
Sessions Judge and Additional Sessions Judge
A Sessions Judge is the principal judicial authority of the Court of Session.
An Additional Sessions Judge may hear an appeal where the Sessions Judge has made a general or special order for the distribution of such appellate work.
BNSS and CrPC
Section 422 of the BNSS, 2023 substantially corresponds to Section 381 of the Code of Criminal Procedure, 1973.
The essential framework has been retained. Appeals to the Court of Session may be heard by the Sessions Judge or by an Additional Sessions Judge in accordance with an order of distribution made by the Sessions Judge.
The restriction preventing a Judge from hearing an appeal against his or her own judgment or order also continues under the BNSS framework.
Constitutional Connection
Section 422 reflects the broader requirement of fairness and impartiality in criminal procedure. The restriction against a Judge hearing an appeal from his or her own decision supports the principle that appellate scrutiny should be undertaken by an impartial judicial authority.
This is consistent with the broader constitutional framework of fair procedure under Article 21 of the Constitution of India.
Topic at a Glance
- Topic: Appeal to Court of Session how heard
- BNSS Section: 422
- Court: Court of Session
- Who May Hear: Sessions Judge or Additional Sessions Judge
- Assignment to Additional Sessions Judge: By a general or special order of the Sessions Judge
- Important Restriction: A Judge cannot hear an appeal against a judgment or order passed by that Judge
- Corresponding CrPC Provision: Section 381
Quick Revision
- Section 422 regulates how appeals to the Court of Session are heard.
- The Sessions Judge may hear such appeals.
- An Additional Sessions Judge may hear them according to a general or special order made by the Sessions Judge.
- The Sessions Judge controls the distribution of appellate work within the Court of Session.
- No Judge may hear an appeal against a judgment or order passed by that Judge.
- The provision supports impartiality in appellate proceedings.
- Section 422 substantially corresponds to Section 381 of the CrPC, 1973.
ALSO READ: Section 421 – Special right of appeal in certain cases
Conclusion
Section 422 of the BNSS, 2023 regulates the internal hearing and distribution of appeals before the Court of Session. By permitting hearing by the Sessions Judge or an appropriately assigned Additional Sessions Judge, while preventing a Judge from reviewing his or her own decision, the provision combines efficient judicial administration with an essential safeguard of appellate impartiality.
