Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 427
Powers of Appellate Court
In one line
BNSS Section 427 deals with powers of appellate court and replaces CrPC 386.
Bare act text — BNSS 427
427. 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.
What changed from the CrPC
- CrPC 386 → BNSS 427: "pleader" is replaced by "advocate".
Frequently asked
What was BNSS Section 427 in the CrPC?
BNSS Section 427 (Powers of Appellate Court) replaces Section 386 of the Code of Criminal Procedure, 1973. CrPC 386 is now BNSS 427.
Still citing the CrPC? Convert any old section in seconds, or keep the whole case — dates, clients and sections — in one diary.
Nearby BNSS sections
- BNSS 422 — Appeal to Court of Session how heard
- BNSS 423 — Petition of appeal
- BNSS 424 — Procedure when appellant in jail
- BNSS 425 — Summary dismissal of appeal
- BNSS 426 — Procedure for hearing appeals not dismissed summarily
- BNSS 428 — Judgments of subordinate Appellate Court
- BNSS 429 — Order of High Court on appeal to be certified to lower Court
- BNSS 430 — Suspension of sentence pending appeal; release of appellant on bail
- BNSS 431 — Arrest of accused in appeal from acquittal
- BNSS 432 — Appellate Court may take further evidence or direct it to be taken
