Appeal to Court of Session how heard
Section 422 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with appeal to Court of Session how heard. Subject to the provisions of sub-section (2), an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge: Provided that an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by The Act came into force on 01 Jul 2024.
(1) Subject to the provisions of sub-section (2), an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge:
Provided that an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by the Chief Judicial Magistrate.
(2) An Additional Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him or as the High Court may, by special order, direct him to hear.
Section 422, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 381 Appeal to Court of Session how heard Text carried over almost unchanged 97%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Khadar Wali vs State of Karnataka
Decided under Code of Criminal Procedure 381, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
An appellate court cannot summarily dismiss a criminal appeal for non-prosecution without hearing the appellant. Section 381 CrPC mandates that appeals must be heard by the appellate court and disposed of according to law. The High Court has inherent power under Section 482 CrPC to set aside such improper dismissals and remit the matter for proper adjudication.
On this section: Procedure for hearing and disposal of appeals - requires appellate court to hear the appeal and pass orders according to law, not dismiss summarily
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 422
What have the courts held on Section 422 of the Bharatiya Nagarik Suraksha Sanhita?
Khadar Wali vs State of Karnataka (18 Apr 2002) is the leading judgment on this section among those set out below, though it was decided under CRPC 381, which this section replaced -- the court never mentioned this Act: Procedure for hearing and disposal of appeals - requires appellate court to hear the appeal and pass orders according to law, not dismiss summarily.
How do I find court cases under Section 422 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 422, section 422 BNSS, section 422 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Khadar Wali vs State of Karnataka (18 Apr 2002).
What should I read with Section 422 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 381 (Appeal to Court of Session how heard), so the judgments decided under that provision are the case law on this one.
When did Section 422 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 422 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 422, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.