Petition of appeal
Section 423 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with petition of appeal. 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. The Act came into force on 01 Jul 2024.
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.
Section 423, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 382 Petition of appeal Text carried over almost unchanged 89%
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 The repealed enactment still governs what happened while it was in force.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.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
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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P.rakesh Kumar vs The State of Telangana
Decided under Code of Criminal Procedure 382, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A non-bailable warrant pending against an accused cannot be used as a ground to refuse the accused's application for certified copies of case documents. The High Court, exercising powers under Section 382 CrPC, can direct the trial court to recall the NBW upon the accused executing a bond for a specified amount with a surety and committing to regular court appearance, thereby enabling the accused to access case documents and participate in trial proceedings.
On this section: Jurisdiction of High Court to issue directions to subordinate courts for proper administration of justice and to recall non-bailable warrants
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H.B.CHANDRASHEKAR vs H.N.PURA TOWN P.S
Decided under Code of Criminal Procedure 382, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Once the prosecution establishes that the accused was entrusted with public funds, had a liability to account for the amount received, and failed to do so, the burden shifts to the accused to explain his conduct by preponderance of probability. If the accused fails to provide a credible explanation, the charge of misappropriation is brought home to him. Furthermore, refund of misappropriated funds does not absolve a government servant or public official from criminal liability under Section 408 IPC, and age is not a valid ground for showing leniency in such cases.
On this section: Provides the procedure for filing criminal appeals against conviction and sentence. The appellant filed the appeal under this section.
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 423
What have the courts held on Section 423 of the Bharatiya Nagarik Suraksha Sanhita?
P.rakesh Kumar vs The State of Telangana (15 Mar 2016) is the leading judgment on this section among those set out below, though it was decided under CRPC 382, which this section replaced -- the court never mentioned this Act: Jurisdiction of High Court to issue directions to subordinate courts for proper administration of justice and to recall non-bailable warrants. Another 1 judgment on this section is set out below. They run from 2013 to 2016.
How do I find court cases under Section 423 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 423, section 423 BNSS, section 423 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. 2 reported judgments on this section are set out on this page, beginning with P.rakesh Kumar vs The State of Telangana (15 Mar 2016).
What should I read with Section 423 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
1 other provision in this corpus refers back to it. It carries forward CrPC 382 (Petition of appeal), so the judgments decided under that provision are the case law on this one.
When did Section 423 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 423 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 423, 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 14 Oct 2026. This page is not a substitute for legal advice.