Introduction
Section 423 of the Bharatiya Nagarik Suraksha Sanhita, 2023 prescribes the manner in which an appeal is to be presented before an appellate court. It requires an appeal to be made through a petition in writing and sets out the essential formal requirements for filing it.
The provision ensures that the grounds on which a judgment or order is challenged are clearly placed before the appellate court.
Meaning of Petition of Appeal
A petition of appeal is a written application through which an appellant formally approaches the appellate court to challenge a judgment or order.
Under Section 423, every appeal must be presented in the form of a petition in writing. The petition must state the grounds on which the appellant challenges the judgment or order.
Statutory Basis
The statutory basis is Section 423 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The section requires that:
- every appeal shall be made in the form of a petition in writing;
- the petition shall be presented by the appellant or the appellant’s advocate;
- the petition shall contain the grounds of appeal;
- except where the court otherwise directs, the petition shall be accompanied by a copy of the judgment or order appealed against.
Essential Elements
1. Petition in Writing
An appeal must be made through a written petition.
The written form formally places the challenge before the appellate court and provides a record of the grounds on which the appeal is based.
2. Presentation by the Appellant or Advocate
The petition may be presented by the appellant personally or by the appellant’s advocate.
This allows an appellant to pursue the appellate remedy either directly or through legal representation.
3. Grounds of Appeal
The petition must state the grounds on which the judgment or order is challenged.
The grounds identify the legal or factual basis on which the appellant seeks interference by the appellate court.
4. Copy of Judgment or Order
Except where the appellate court otherwise directs, the petition must be accompanied by a copy of the judgment or order against which the appeal is filed.
This enables the appellate court to examine the decision that is being challenged.
Procedure
1. Preparation of the Petition
The appellant prepares a petition in writing challenging the relevant judgment or order.
2. Statement of Grounds
The petition must clearly state the grounds of appeal.
The grounds should identify the basis on which the appellant seeks reversal, modification or other appropriate appellate relief.
3. Attachment of Judgment or Order
A copy of the judgment or order appealed against is ordinarily required to accompany the petition unless the appellate court directs otherwise.
4. Presentation Before the Appellate Court
The petition is presented before the competent appellate court by the appellant or the appellant’s advocate.
5. Further Consideration
After the appeal is properly presented, the appellate court deals with it according to the other applicable provisions governing criminal appeals under the BNSS.
Object and Purpose
Section 423 provides an orderly procedure for instituting criminal appeals.
By requiring a written petition containing specific grounds, the provision ensures that the appellate court and the other parties can identify the basis of the challenge.
The requirement of producing the judgment or order, unless dispensed with by the court, also assists the appellate court in considering the appeal efficiently.
Nature of the Requirement
The presentation of an appeal through a written petition is the statutory method prescribed under Section 423.
The petition must contain the grounds of challenge and must ordinarily be accompanied by the relevant judgment or order, subject to the appellate court’s power to direct otherwise.
The provision should be read together with other applicable BNSS provisions governing the maintainability, admission and disposal of criminal appeals.
Important Distinctions
Petition of Appeal and Memorandum of Appeal
A petition of appeal under Section 423 is the statutory written form through which a criminal appeal is presented under the BNSS.
The terminology and procedural requirements applicable to appeals may differ across different branches of law. The procedure for a criminal appeal must therefore be determined according to the BNSS and the applicable rules of the competent court.
Filing an Appeal and Hearing an Appeal
Section 423 concerns the manner of presenting an appeal.
The subsequent hearing and disposal of the appeal are governed by the other relevant provisions of the BNSS dealing with appellate procedure and powers.
BNSS and CrPC
Section 423 of the BNSS, 2023 substantially corresponds to Section 382 of the Code of Criminal Procedure, 1973.
The basic procedure has been retained. An appeal is presented through a written petition containing the grounds of challenge and is ordinarily accompanied by a copy of the judgment or order appealed against, unless the court directs otherwise.
Constitutional Connection
The right to appeal is primarily a statutory right and must be exercised in accordance with the procedure prescribed by law.
Section 423 provides the procedural mechanism for formally invoking an available appellate remedy. Its operation forms part of the broader framework of fair criminal procedure under the law.
Common Confusions
Is an appeal under Section 423 made orally?
No.
Section 423 requires every appeal to be made in the form of a petition in writing.
Must the appellant personally present the petition?
No.
The petition may be presented by the appellant or by the appellant’s advocate.
Must a copy of the judgment or order always accompany the petition?
Ordinarily, yes. However, the appellate court may direct otherwise.
Topic at a Glance
- Topic: Petition of appeal
- BNSS Section: 423
- Form: Petition in writing
- Who May Present: Appellant or appellant’s advocate
- Contents: Grounds of appeal
- Document Required: Copy of the judgment or order appealed against, unless the court directs otherwise
- Nature: Procedural provision governing presentation of appeals
- Corresponding CrPC Provision: Section 382
Quick Revision
- Section 423 deals with the petition through which an appeal is presented.
- Every appeal must be made in writing.
- The petition may be presented by the appellant or the appellant’s advocate.
- The grounds of appeal must be stated in the petition.
- A copy of the judgment or order appealed against must ordinarily accompany the petition.
- The appellate court may direct otherwise regarding the accompanying copy.
- Section 423 substantially corresponds to Section 382 of the CrPC, 1973.
ALSO READ: Section 422 – Appeal to Court of Session how heard
Conclusion
Section 423 of the BNSS, 2023 establishes the formal procedure for presenting a criminal appeal. By requiring a written petition containing the grounds of challenge and ordinarily accompanied by the impugned judgment or order, it ensures that appellate proceedings are initiated in a clear and structured manner.
