Chapter XXIX
Section 385 CrPC: Procedure for hearing appeals not dismissed summarily
New Law Update (2024)
Section 433 BNSS
TRIAL COURT
Punishment
Procedural – Judgment / Sentencing
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) If the Appellate Court does not dismiss the appeal summarily, it shall cause notice of the time and place at which such appeal will be heard to be given—
(a) to the appellant or his pleader;
(b) to such officer as the State Government may appoint in this behalf;
(c) if the appeal is from a judgment of conviction in a case instituted upon complaint, to the complainant;
(d) if the appeal is under section 377 or section 378, to the accused,
and shall also furnish such officer, complainant and accused with a copy of the grounds of appeal.
(2) The Appellate Court shall then send for the record of the case, if such record is not already available in that Court, and hear the parties:
Provided that if the appeal is only as to the extent or the legality of the sentence, the Court may dispose of the appeal without sending for the record.
(3) Where the only ground for appeal from a conviction is the alleged severity of the sentence, the appellant shall not, except with the leave of the Court, urge or be heard in support of any other ground.
Important Sub-Sections Explained
Section 385(1) CrPC
This sub-section outlines the initial mandatory steps an Appellate Court must take when an appeal is not summarily dismissed. It requires issuing formal notice to all relevant parties—the appellant, a government officer, the complainant (if applicable), and the accused (for certain appeals)—along with a copy of the grounds of appeal, ensuring due process.
Section 385(2) CrPC
This sub-section details the subsequent procedure, mandating that the Appellate Court obtain the case record (if not already present) and hear all parties. A crucial proviso allows the court to proceed without the full record if the appeal solely concerns the extent or legality of the sentence, streamlining specific types of appeals.