Procedure for hearing appeals not dismissed summarily
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Summary
If an appeal is not dismissed summarily, the Appellate Court must notify the appellant or their pleader, any officer the State Government appoints, the complainant in complaint cases, and the accused in appeals under sections 377 or 378, and supply copies of the grounds of appeal. The Court will send for the trial record if needed and hear the parties. If the appeal only challenges the extent or legality of the sentence the Court may decide it without the record, and where severity of sentence is the sole ground the appellant cannot raise other grounds without the Court's leave.
Example
Priya is convicted after a neighbour's complaint and she files an appeal that is not dismissed summarily. The Appellate Court must notify Priya or her lawyer and the complainant, give them copies of the grounds, obtain the trial record if needed and hear both sides. If Priya only challenges the length of the sentence the Court may decide without the record, and she cannot press other new grounds unless the Court allows it.
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 pleader;
(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 377 or section 378, 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 or 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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