What Is BNSS Section 427?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 427: Powers of the Appellate Court.

After perusing such record and hearing the appellant or his advocate, if he appears, and the Public Prosecutor if he appears, and in case of an appeal under section 418 or section 419, the accused, if he appears, the Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may—

(a) in an appeal from an order or acquittal, reverse such order and direct that further inquiry be made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law;

(b) in an appeal from a conviction—

• (i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial, or
• (ii) alter the finding, maintaining the sentence, or
• (iii) with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, but not so as to enhance the same;

(c) in an appeal for enhancement of sentence—

• (i) reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a Court competent to try the offence, or
• (ii) alter the finding maintaining the sentence, or
• (iii) with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, so as to enhance or reduce the same;

(d) in an appeal from any other order, alter or reverse such order;

(e) make any amendment or any consequential or incidental order that may be just or proper:

Provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement:

Provided further that the Appellate Court shall not inflict greater punishment for the offence which in its opinion the accused has committed, than might have been inflicted for that offence by the Court passing the order or sentence under appeal.

Brefe Detail

This section outlines the powers of the Appellate Court after reviewing the case record and hearing the involved parties. It describes the possible outcomes of an appeal, including dismissing the appeal, reversing acquittals, altering sentences, and ensuring the rights of the accused are upheld throughout the process.

Question & Answers

What can the Appellate Court do if it finds no sufficient ground for interfering?

The Appellate Court may dismiss the appeal.

What are the actions the Appellate Court can take in an appeal from an order of acquittal?

The court can reverse the order, direct further inquiry, re-try the accused, or pass a sentence.

In a conviction appeal, what options does the Appellate Court have?

The court can reverse the finding and sentence, alter the finding while maintaining the sentence, or change the nature or extent of the sentence without enhancement.

What must happen before a sentence can be enhanced?

The accused must have an opportunity to show cause against the enhancement.

Example

• Appeal from Acquittal: If a person is acquitted of theft, the Appellate Court can reverse the acquittal if there are sufficient grounds and may direct a re-trial.
• Appeal for Sentence Alteration: If a convicted individual argues that their sentence is too harsh, the Appellate Court can review the case and potentially reduce the sentence if it finds merit in the appeal.
• Enhancement of Sentence: If an individual appeals for a harsher penalty for a convicted person, the court can consider this but must allow the accused to present their side against the enhancement.

Summary

Section 427 of the Bharatiya Nagarik Suraksha Sanhita details the powers and procedures of the Appellate Court regarding appeals. It emphasizes the importance of due process, ensuring that the accused's rights are respected while allowing the court to make necessary adjustments to convictions and sentences.