Section 422 BNSS: Appeal to Court of Session how heard

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 422 BNSS at a Glance

Section 422 BNSS deals with appeal to Court of Session how heard. It replaced Section 381 CrPC on 1 July 2024.

Was CrPC

Section 381 →

Section 422 BNSS Bare Act Text

(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.

Source: Section 422, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 422 BNSS in Simple Words

Section 422(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge.

Its proviso says 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.

Section 422(2) BNSS says that 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.

When Section 422 BNSS Applies

  • Under Section 422(1) BNSS, subject to Section 422(2) BNSS, an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge.
  • The proviso to Section 422(1) BNSS says 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.
  • Under Section 422(2) BNSS, 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.
  • Under Section 422(2) BNSS, the appeals that an Additional Sessions Judge or a Chief Judicial Magistrate shall hear are only those that the Sessions Judge of the division may make over by general or special order, or that the High Court may, by special order, direct that judge to hear.

Example of Section 422 BNSS

Suresh is convicted on a trial held by a Magistrate of the second class and appeals to the Court of Session. Under Section 422(1) BNSS, the appeal shall be heard by the Sessions Judge or by an Additional Sessions Judge. Under the proviso to Section 422(1) BNSS, 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. Kavita is the Chief Judicial Magistrate. The Sessions Judge of the division, by special order, makes over Suresh's appeal to Kavita under Section 422(2) BNSS.

When Section 422 BNSS Does Not Apply

  • Section 422 BNSS speaks of the hearing of an appeal to the Court of Session or Sessions Judge. It does not deal with the powers of the Appellate Court once it hears the appeal, the subject of Section 427 BNSS, headed Powers of Appellate Court.
  • Section 422 BNSS speaks of who hears an appeal. It does not deal with the petition of appeal, the subject of Section 423 BNSS, headed Petition of appeal.

Section 422 BNSS in the CrPC (Previous Law)

Section 422 BNSS replaced Section 381 CrPC from 1 July 2024.

From 1 July 2024, Section 422 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 381 of the Code of Criminal Procedure, 1973, with the same heading. The proviso to Section 422(1) BNSS reads the Chief Judicial Magistrate where the proviso to Section 381(1) CrPC read an Assistant Sessions Judge or a Chief Judicial Magistrate. Section 422(2) BNSS does not name an Assistant Sessions Judge, which Section 381(2) CrPC named.

Each sub-section below names its own source.

FAQs on Section 422 BNSS

Who hears an appeal to the Court of Session under Section 422(1) BNSS?▼

Under Section 422(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to Section 422(2) BNSS, an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge. The proviso says 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.

What does Section 422(2) BNSS say about an Additional Sessions Judge or a Chief Judicial Magistrate?▼

Section 422(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that 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.

What does the proviso to Section 422(1) BNSS say?▼

The proviso to Section 422(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 says 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.

What changed from Section 381 CrPC to Section 422 BNSS from 1 July 2024?▼

From 1 July 2024, Section 422 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 381 of the Code of Criminal Procedure, 1973. Section 422 BNSS has the same heading. The proviso to Section 422(1) BNSS reads the Chief Judicial Magistrate where the proviso to Section 381(1) CrPC read an Assistant Sessions Judge or a Chief Judicial Magistrate. Section 422(2) BNSS reads An Additional Sessions Judge or a Chief Judicial Magistrate where Section 381(2) CrPC read An Additional Sessions Judge, Assistant Sessions Judge or a Chief Judicial Magistrate.

Section 422 BNSS: Sub-sections Explained

Section 422(1) BNSS: Appeal to Court of Session how heard

▶

Bare Act Text

(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.

Previous Law

CrPC 381 → Section 422(1) BNSS

Section 422(2) BNSS: Appeal to Court of Session how heard

▶

Bare Act Text

(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.

Previous Law

CrPC 381(2) → Section 422(2) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·