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BNSS, 2023
Start Practicing
BNSSChapter XXXISection 423
Section423

Petition of appeal

AI Assist

Summary

Every appeal must be filed as a written petition presented by the appellant or their advocate. The petition should, unless the court otherwise directs, be accompanied by a copy of the judgment or order being appealed. The court may permit the appeal without that copy in special cases.

Example

Ravi loses in the trial court and wants to appeal. He or his advocate files a written petition and attaches a copy of the trial court's judgment. If the appellate court allows, Ravi may be permitted to proceed even without attaching the copy.

Bare Act

Enacted text

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.

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XXXI

Chapter XXXI

Appeals

In this chapter

  • 413No appeal to lie unless otherwise provided
  • 414Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
  • 415Appeals from convictions
  • 416No appeal in certain cases when accused pleads guilty
  • 417No appeal in petty cases
  • 418Appeal by State Government against sentence
  • 419Appeal in case of acquittal
  • 420Appeal against conviction by High Court in certain cases
  • 421Special right of appeal in certain cases
  • 422Appeal to Court of Session how heard
  • 423Petition of appeal
  • 424Procedure when appellant in jail
  • 425Summary dismissal of appeal
  • 426Procedure for hearing appeals not dismissed summarily
  • 427Powers of Appellate Court
  • 428Judgments of subordinate Appellate Court
  • 429Order of High Court on appeal to be certified to lower Court
  • 430Suspension of sentence pending appeal; release of appellant on bail
  • 431Arrest of accused in appeal from acquittal
  • 432Appellate Court may take further evidence or direct it to be taken
  • 433Procedure where Judges of Court of appeal are equally divided
  • 434Finality of judgments and orders on appeal
  • 435Abatement of appeals
Previous · Section 422Appeal to Court of Session how heardNext · Section 424Procedure when appellant in jail