Chapter XXIX
Section 384 CrPC: Summary dismissal of appeal
New Law Update (2024)
Section 426 BNSS
TRIAL COURT
Punishment
Procedural – Judgment / Sentencing
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) If upon examining the petition of appeal and copy of the judgment received under Section 382 or Section 383, the Appellate Court considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily:
Provided that—
(a) no appeal presented under Section 382 shall be dismissed unless the appellant or his pleader has had a reasonable opportunity of being heard in support of the same;
(b) no appeal presented under Section 383 shall be dismissed except after giving the appellant a reasonable opportunity of being heard in support of the same, unless the Appellate Court considers that the appeal is frivolous or that the production of the accused in custody before the Court would involve such inconvenience as would be disproportionate in the circumstances of the case;
(c) no appeal presented under Section 383 shall be dismissed summarily until the period allowed for preferring such appeal has expired.
(2) Before dismissing an appeal under this section, the Court may call for the record of the case.
(3) Where the Appellate Court dismissing an appeal under this section is a Court of Session or of the Chief Judicial Magistrate, it shall record its reasons for doing so.
(4) Where an appeal presented under Section 383 has been dismissed summarily under this section and the Appellate Court finds that another petition of appeal duly presented under Section 382 on behalf of the same appellant has not been considered by it, that Court may, notwithstanding anything contained in Section 393, if satisfied that it is necessary in the interests of justice so to do, hear and dispose of such appeal in accordance with law.
Important Sub-Sections Explained
Section 384(1) Proviso
This section mandates that an appeal cannot be summarily dismissed without giving the appellant or their legal representative a fair chance to present their case. This crucial provision upholds the principle of natural justice, ensuring every appellant has an opportunity to be heard before a decision is made.
Section 384(3)
When a Court of Session or a Chief Judicial Magistrate summarily dismisses an appeal, they are legally required to record their specific reasons for doing so. This ensures transparency and accountability in the appellate process, allowing for scrutiny of such decisions.
Landmark Judgements
Kishan Singh v. State of Rajasthan (1979):
The Rajasthan High Court emphasized that the proviso to Section 384(1) makes it mandatory for the Appellate Court to provide the appellant or his pleader a reasonable opportunity of being heard before summarily dismissing an appeal presented under Section 382, upholding the principles of natural justice.
Jarnail Singh v. State of Rajasthan (1995):
This judgment reiterated that an Appellate Court, particularly a Court of Session or Chief Judicial Magistrate, must record specific reasons for the summary dismissal of an appeal under this section. This requirement ensures transparency and provides a basis for higher judicial review.