Section 427 of BNSS : Section 427: Powers of Appellate Court.

BNSS

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Explanation using Example

Example 1:

Scenario: Rajesh was acquitted by a lower court for charges of theft due to lack of evidence. The prosecution believes that the lower court made an error in judgment and files an appeal.

Application of Section 427:

  • The Appellate Court reviews the records and hears arguments from both Rajesh's advocate and the Public Prosecutor.
  • The Appellate Court finds that the lower court's decision was incorrect and decides to reverse the acquittal.
  • The court directs that Rajesh be re-tried in a lower court or finds him guilty and sentences him according to the law.

Example 2:

Scenario: Priya was convicted of fraud and sentenced to 3 years in prison by a lower court. She believes the sentence is too harsh and files an appeal.

Application of Section 427:

  • The Appellate Court reviews the case records and hears arguments from Priya's advocate and the Public Prosecutor.
  • The Appellate Court decides that the conviction was correct but agrees that the sentence was too harsh.
  • The cou...

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