Section 425 of BNSS : Section 425: Summary dismissal of appeal.
BNSS
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Explanation using Example
Example 1:
Scenario: Rajesh, a resident of Mumbai, was convicted of theft and sentenced to two years in prison by a lower court. He believes the judgment was unfair and decides to appeal the decision.
Application of Section 425:
- Rajesh files an appeal under Section 423 of the Bharatiya Nagarik Suraksha Sanhita 2023.
- The Appellate Court examines the petition of appeal and the copy of the judgment.
- The court finds no sufficient ground to interfere with the lower court's decision.
- Before dismissing the appeal, the court ensures that Rajesh or his advocate is given a reasonable opportunity to be heard.
- After hearing Rajesh's advocate, the court still finds no merit in the appeal and dismisses it summarily.
- The court records its reasons for dismissing the appeal as required by the law.
Example 2:
Scenario: Priya, a school teacher in Delhi, was convicted of causing grievous hurt and sentenced to three years in prison. She files an appeal under Section 424, claiming that the conviction was based on insufficient evidence.
Application of Section 425:
- Priya files an appeal under Section 424 of ...
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