Summary dismissal of appeal
Section 425 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with summary dismissal of appeal. If upon examining the petition of appeal and copy of the judgment received under section 423 or section 424, the Appellate Court considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily: Provided that--- (a) no appeal presented under section 423 shall be dism The Act came into force on 01 Jul 2024.
(1) If upon examining the petition of appeal and copy of the judgment received under section 423 or section 424, the Appellate Court considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily:
Provided that---
(a) no appeal presented under section 423 shall be dismissed unless the appellant or his advocate has had a reasonable opportunity of being heard in support of the same;
(b) no appeal presented under section 424 shall be dismissed except after giving the appellant a reasonable opportunity of being heard in support of the same, unless the Appellate Court considers that the appeal is frivolous or that the production of the accused in custody before the Court would involve such inconvenience as would be disproportionate in the circumstances of the case;
(c) no appeal presented under section 424 shall be dismissed summarily until the period allowed for preferring such appeal has expired.
(2) Before dismissing an appeal under this section, the Court may call for the record of the case.
(3) Where the Appellate Court dismissing an appeal under this section is a Court of Session or of the Chief Judicial Magistrate, it shall record its reasons for doing so.
(4) Where an appeal presented under section 424 has been dismissed summarily under this section and the Appellate Court finds that another petition of appeal duly presented under section 423 on behalf of the same appellant has not been considered by it, that Court may, notwithstanding anything contained in section 434, if satisfied that it is necessary in the interests of justice so to do, hear and dispose of such appeal in accordance with law.
Section 425, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 384 Summary dismissal of appeal Text carried over almost unchanged 98%
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.
This section refers to
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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Surya Baksh Singh vs State Of Uttar Pradesh
Decided under Code of Criminal Procedure 384, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The High Court possesses inherent powers under Section 482 of the CrPC to dismiss criminal appeals filed by convicts who deliberately obtain bail or exemption from surrender and thereafter wilfully abscond or fail to prosecute their appeals, provided the Court has first taken reasonable steps to secure the appellant's presence (including proceedings against sureties). However, such dismissal should be preceded by examination of the case on merits where practicable, and the Court must ensure that the appellant has had a fair opportunity to be heard. The ends of justice, which include protection of society and victims' rights alongside convict rights, justify application of Section 482 to prevent abuse of the appellate process by convicts seeking to circumvent their sentences.
On this section: Enables summary dismissal of appeals provided appellant or pleader receives reasonable opportunity of being heard
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 425
What have the courts held on Section 425 of the Bharatiya Nagarik Suraksha Sanhita?
Surya Baksh Singh vs State Of Uttar Pradesh (07 Oct 2013) is the leading judgment on this section among those set out below, though it was decided under CRPC 384, which this section replaced -- the court never mentioned this Act: Enables summary dismissal of appeals provided appellant or pleader receives reasonable opportunity of being heard.
How do I find court cases under Section 425 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 425, section 425 BNSS, section 425 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type rp 425 bnss-2. 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 Surya Baksh Singh vs State Of Uttar Pradesh (07 Oct 2013).
What should I read with Section 425 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 423 (Petition of appeal), section 424 (Procedure when appellant in jail), section 434 (Finality of judgments and orders on appeal), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. It carries forward CrPC 384 (Summary dismissal of appeal), so the judgments decided under that provision are the case law on this one.
When did Section 425 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 425 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 425, 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.