Code: Section 427 BNSS
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.
Explanation of Section 427 BNSS
Section 427 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) empowers the Appellate Court with a wide range of discretionary powers to review criminal cases. The Court’s role is to review records, hear appeals, and make decisions on cases where there is sufficient legal ground for interference. The Appellate Court can:
- Dismiss appeals if no sufficient grounds are found.
- Reverse convictions or acquittals, order re-trials, or modify sentences.
- Enhance or reduce sentences based on the nature of the appeal.
- Ensure fair sentencing, ensuring that no excessive punishment is imposed without due cause.
This section ensures that justice is not only done but also seen to be done, with all parties having an opportunity to present their case before an impartial Appellate Court.
Illustration of Section 427 BNSS
Example 1: Appeal Against Acquittal
An individual is acquitted of charges, but the prosecution believes the acquittal was unjust. They file an appeal, and the Appellate Court has the authority to reverse the acquittal and order further investigation or retrial.
Example 2: Appeal Against Conviction
A person convicted of fraud may appeal their conviction. The Appellate Court has multiple options:
- Overturn the conviction.
- Alter the punishment without altering the conviction.
- Reduce the sentence if deemed appropriate.
Example 3: Appeal for Sentence Enhancement
In some cases, the accused may appeal for a reduction in their sentence. The Appellate Court can either increase or decrease the sentence, depending on the facts and evidence presented, but only after giving the accused a chance to argue their case.
Common Questions and Answers on Section 427 BNSS
1. What happens if the Appellate Court dismisses an appeal?
- Answer: If the appeal is dismissed, the decision of the lower court stands as is, and no further action will be taken.
2. Can the Appellate Court increase a sentence?
- Answer: Yes, the Appellate Court can increase a sentence, but only if the accused has been given an opportunity to explain why the sentence should not be increased.
3. What does it mean to reverse a conviction in Section 427?
- Answer: Reversing a conviction means that the accused is acquitted, and the original sentence or judgment is voided. The Appellate Court may also order a retrial in some cases.
4. How does Section 427 BNSS protect the rights of the accused?
- Answer: Section 427 ensures that no accused person faces a greater sentence than would have been imposed by the lower court without their knowledge or consent. It also mandates that the accused has an opportunity to contest any increase in punishment.
Conclusion
Section 427 BNSS is essential for the functioning of India’s criminal justice system, providing vital powers to the Appellate Court to ensure fair trials, reversals of unjust convictions, and protection of the rights of the accused. By enabling the Appellate Court to review and adjust decisions, this section promotes justice, fairness, and transparency in the judicial process.