Section 426 of BNSS : Section 426: Procedure for hearing appeals not dismissed summarily.

Explanation using Example

Example 1:

Scenario: Rajesh, a resident of Mumbai, was convicted of theft and sentenced to two years in prison. He believes the sentence is too harsh and decides to appeal the decision.

Application of Section 426:

1. Notice of Hearing: The Appellate Court does not dismiss Rajesh's appeal summarily. Therefore, the court sends a notice to Rajesh and his advocate, informing them of the time and place of the hearing.
2. Notification to State Officer: The court also notifies the officer appointed by the State Government about the appeal.
3. Notification to Complainant: Since the case was initiated by a complaint from the shop owner, the court sends a notice to the complainant as well.
4. Record of the Case: The Appellate Court requests the record of the case from the lower court to review the details.
5. Hearing: During the hearing, Rajesh's advocate argues that the sentence is too severe. The court listens to both parties and reviews the case records.
6. Decision: The court may decide to reduce the sentence if it finds the original punishment too harsh.

Example 2:

Scenario: Priya, a school teacher in Delhi, was convicted of causing grievous hurt and sentenced to five years in prison. She appeals the conviction, arguing that the evidence was insufficient to prove her guilt.

Application of Section 426:

1. Notice of Hearing: The Appellate Court does not dismiss Priya's appeal summarily. The court sends a notice to Priya and her advocate, informing them of the time and place of the hearing.
2. Notification to State Officer: The court also notifies the officer appointed by the State Government about the appeal.
3. Notification to Complainant: Since the case was initiated by a complaint from the victim, the court sends a notice to the complai...

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