Section 425 BNSS: Summary dismissal of appeal
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 425 BNSS at a Glance
Section 425 BNSS deals with summary dismissal of appeal. It replaced Section 384 CrPC on 1 July 2024.
Section 425 BNSS Bare Act Text
(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.
Source: Section 425, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 425 BNSS in Simple Words
Section 425 BNSS deals with summary dismissal of an appeal. If, upon examining the petition of appeal and copy of the judgment received under Section 423 BNSS or Section 424 BNSS, the Appellate Court considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily.
The provisos say when an appeal shall not be dismissed. Before dismissing an appeal, the Court may call for the record of the case.
When Section 425 BNSS Applies
- The Appellate Court may dismiss an appeal summarily if, upon examining the petition of appeal and copy of the judgment received under Section 423 BNSS or Section 424 BNSS, it considers that there is no sufficient ground for interfering.
- No appeal presented under Section 423 BNSS shall be dismissed unless the appellant or his advocate has had a reasonable opportunity of being heard in support of the same.
- No appeal presented under Section 424 BNSS 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.
- Where the Appellate Court dismissing an appeal under Section 425 BNSS is a Court of Session or of the Chief Judicial Magistrate, it shall record its reasons for doing so.
- Where an appeal presented under Section 424 BNSS has been dismissed summarily and the Appellate Court finds that another petition of appeal duly presented under Section 423 BNSS on behalf of the same appellant has not been considered by it, that Court may, notwithstanding anything contained in Section 434 BNSS, if satisfied that it is necessary in the interests of justice so to do, hear and dispose of such appeal in accordance with law.
Time Limits Under Section 425 BNSS
- No appeal presented under Section 424 BNSS shall be dismissed summarily until the period allowed for preferring such appeal has expired.Act text: “no appeal presented under section 424 shall be dismissed summarily until the period allowed for preferring such appeal has expired”
Example of Section 425 BNSS
When Section 425 BNSS Does Not Apply
- Section 425 BNSS speaks of summary dismissal of an appeal. It does not deal with the hearing of an appeal that is not dismissed summarily, which Section 426 BNSS covers.
- Section 425 BNSS speaks of the Appellate Court examining the petition of appeal and copy of the judgment. It does not deal with the powers of the Appellate Court in disposing of an appeal, which Section 427 BNSS covers.
Section 425 BNSS in the CrPC (Previous Law)
Section 425 BNSS replaced Section 384 CrPC from 1 July 2024.
Section 384 CrPC became Section 425 BNSS from 1 July 2024. The heading is the same. The text is the same except for renumbered cross-references to Section 423 BNSS, Section 424 BNSS and Section 434 BNSS, and advocate in place of pleader.
Each sub-section below names its own source.
FAQs on Section 425 BNSS
When may the Appellate Court dismiss an appeal summarily under Section 425 BNSS?▼
If, upon examining the petition of appeal and copy of the judgment received under Section 423 BNSS or Section 424 BNSS, the Appellate Court considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily. The provisos to Section 425(1) BNSS say when an appeal shall not be dismissed.
What must the Appellate Court do before dismissing an appeal presented under Section 424 BNSS?▼
No such appeal 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. No such appeal shall be dismissed summarily until the period allowed for preferring such appeal has expired.
Which Courts shall record reasons for dismissing an appeal under Section 425 BNSS?▼
Under Section 425(3) BNSS, where the Appellate Court dismissing an appeal is a Court of Session or of the Chief Judicial Magistrate, it shall record its reasons for doing so.
What changed from Section 384 CrPC to Section 425 BNSS from 1 July 2024?▼
The heading is the same. The text is the same except for renumbered cross-references and one word. Section 425 BNSS refers to Section 423 BNSS and Section 424 BNSS where Section 384 CrPC referred to Section 382 CrPC and Section 383 CrPC, refers to Section 434 BNSS where Section 384(4) CrPC referred to Section 393 CrPC, and reads advocate where Section 384 CrPC read pleader.
Section 425 BNSS: Sub-sections Explained
Section 425(1) BNSS: Summary dismissal of appeal
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Bare Act Text
(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.
Section 425(2) BNSS: Summary dismissal of appeal
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Bare Act Text
(2) Before dismissing an appeal under this section, the Court may call for the record of the case.
Section 425(3) BNSS: Summary dismissal of appeal
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Bare Act Text
(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.
Section 425(4) BNSS: Summary dismissal of appeal
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·