Procedure for hearing appeals not dismissed summarily
AI Assist
Summary
When an appeal is not dismissed summarily, the Appellate Court must notify the appellant or their advocate, a State-appointed officer, and where applicable the complainant or the accused in certain appeals, and provide them a copy of the grounds of appeal. The Court will obtain the trial record if it is not already available and hear the parties, but may decide appeals limited to the legality or extent of sentence without calling for the record. If the only ground is that the sentence is excessive, the appellant cannot urge other grounds without the Court's leave.
Example
Priya appeals her conviction in a case started on a complaint. The Appellate Court will notify her or her lawyer, the State's appointed officer and the complainant, and give them copies of the grounds of appeal. The Court will call for the trial record and hear both sides; if Priya only challenges the sentence's severity, it may decide that issue without fetching the full record, and she cannot raise other grounds without leave.
Bare Act
Enacted text(1) If the Appellate Court does not dismiss the appeal summarily, it shall cause notice of the time and place at which such appeal will be heard to be given-
(i) to the appellant or his advocate;
(ii) to such officer as the State Government may appoint in this behalf;
(iii) if the appeal is from a judgment of conviction in a case instituted upon complaint, to the complainant;
(iv) if the appeal is under section 418 or section 419, to the accused, and shall also furnish such officer, complainant and accused with a copy of the grounds of appeal.
(2) The Appellate Court shall then send for the record of the case, if such record is not already available in that Court, and hear the parties:
Provided that if the appeal is only as to the extent or the legality of the sentence, the Court may dispose of the appeal without sending for the record.
(3) Where the only ground for appeal from a conviction is the alleged severity of the sentence, the appellant shall not, except with the leave of the Court, urge or be heard in support of any other ground.
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