Section 427 BNSS: Powers of Appellate Court

Section 427 BNSS Bare Act Text

427. Powers of the Appellate Court

Powers of Appellate Court.

After perusing such record and hearing the appellant or his advocate, if he appears, and the Public Prosecutor if he appears, and in case of an appeal under section 418 or section 419, the accused, if he appears, the Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may—

(a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law;

(b) in an appeal from a conviction—

(i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial; or

(ii) alter the finding, maintaining the sentence; or

(iii) with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, but not so as to enhance the same;

(c) in an appeal for enhancement of sentence—

(i) reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a Court competent to try the offence; or

(ii) alter the finding maintaining the sentence; or

(iii) with or without altering the finding, alter the nature or the extent, or, the nature and extent, of the sentence, so as to enhance or reduce the same;

(d) in an appeal from any other order, alter or reverse such order;

(e) make any amendment or any consequential or incidental order that may be just or proper:

Provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement:

Provided further that the Appellate Court shall not inflict greater punishment for the offence which in its opinion the accused has committed, than might have been inflicted for that offence by the Court passing the order or sentence under appeal.

Source: Section 427, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 427 BNSS in Simple Words

When Section 427 BNSS Applies

• Under Section 427 BNSS, the Appellate Court acts after perusing the record and hearing the appellant or his advocate, if he appears, and the Public Prosecutor if he appears.
• Under Section 427 BNSS, in case of an appeal under Section 418 BNSS or Section 419 BNSS, the accused is also heard, if he appears.
• Under Section 427 BNSS, the Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal.
• Under Section 427(a) BNSS, in an appeal from an order of acquittal, the Appellate Court may reverse such order and direct that further inquiry be made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law.
• Under Section 427(b) BNSS, in an appeal from a conviction, the Appellate Court may reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial, or alter the finding, maintaining the sentence, or alter the nature or the extent, or the nature and extent, of the sentence, but not so as to enhance the same.
• Under Section 427(c) BNSS, in an appeal for enhancement of sentence, the Appellate Court may reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a Court competent to try the offence, or alter the finding maintaining the sentence, or alter the nature or the extent, or the nature and extent, of the sentence, so as to enhance or reduce the same.
• Under Section 427(d) BNSS and Section 427(e) BNSS, the Appellate Court may, in an appeal from any other order, alter or reverse such order, and may make any amendment or any consequential or incidental order that may be just or proper.

Example of Section 427 BNSS

When Section 427 BNSS Does Not Apply

• Section 427 BNSS speaks of the powers of the Appellate Court. It does not deal with the procedure for hearing appeals not dismissed summarily, the subject of Section 426 BNSS.
• Section 427 BNSS speaks of the powers of the Appellate Court. It does not deal with the judgments of a subordinate Appellate Court, the subject of Section 428 BNSS.

Section 427 BNSS in the CrPC (Previous Law)

FAQs on Section 427 BNSS

Sections Related to Section 427 BNSS