Section 384 CrPC: Summary dismissal of appeal

What Section 384 CrPC Says

384. Summary dismissal of appeal

(1) If upon examining the petition of appeal and copy of the judgment received under section 382 or section 383, 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 382 shall be dismissed unless the appellant or his pleader has had a reasonable opportunity of being heard in support of the same;

(b) no appeal presented under section 383 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 383 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 383 has been dismissed summarily under this section and the Appellate Court finds that another petition of appeal duly presented under section 382 on behalf of the same appellant has not been considered by it, that Court may, notwithstanding anything contained in section 393, 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 384, Code of Criminal Procedure, 1973

Section 384 CrPC in Simple Words

When Section 384 CrPC Applies

• The Appellate Court may dismiss an appeal summarily if, upon examining the petition of appeal and copy of the judgment received under Section 382 CrPC or Section 383 CrPC, it considers that there is no sufficient ground for interfering.
• No appeal presented under Section 382 CrPC shall be dismissed unless the appellant or his pleader has had a reasonable opportunity of being heard in support of the same.
• No appeal presented under Section 383 CrPC 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 384 CrPC 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 383 CrPC has been dismissed summarily and the Appellate Court finds that another petition of appeal duly presented under Section 382 CrPC on behalf of the same appellant has not been considered by it, that Court may, notwithstanding anything contained in Section 393 CrPC, 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 384 CrPC

• No appeal presented under Section 383 CrPC shall be dismissed summarily until the period allowed for preferring such appeal has expired.Act text: “no appeal presented under section 383 shall be dismissed summarily until the period allowed for preferring such appeal has expired”

Example of Section 384 CrPC

When Section 384 CrPC Does Not Apply

• Section 384 CrPC speaks of summary dismissal of an appeal. It does not deal with the hearing of an appeal that is not dismissed summarily, which Section 385 CrPC covers.
• Section 384 CrPC 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 386 CrPC covers.

Section 384 CrPC Under BNSS 425: What Changed

FAQs on Section 384 CrPC

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