Section 384 CrPC - Summary Dismissal of Appeal: Procedure and BNSS Section 425
Section 384 of the Code of Criminal Procedure, 1973 permits an appellate court to dismiss a criminal appeal at the preliminary stage if there is no sufficient ground for interference. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 425.
Meaning of summary dismissal
Summary dismissal means rejection of an appeal at the initial screening stage, without proceeding to the fuller appellate hearing. It is not an automatic rejection: the appellate court must examine the appeal and judgment and comply with the hearing requirements in the applicable provision.
Section 384 CrPC - statutory 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.
Section 425 BNSS - corresponding current provision
Section 425 of the Bharatiya Nagarik Suraksha Sanhita, 2023 retains the central safeguards of Section 384 CrPC. It refers to appeals presented under Section 423 BNSS (petition of appeal) and Section 424 BNSS (procedure when appellant is in jail), and uses the term advocate instead of pleader.
Section 425(1): Preliminary scrutiny and hearing
The appellate court may dismiss the appeal summarily if it finds no sufficient ground for interference. An appeal presented under Section 423 cannot be dismissed without a reasonable opportunity for the appellant or advocate to be heard. For jail appeals under Section 424, a hearing is generally required, subject to the stated exceptions concerning frivolous appeals or disproportionate inconvenience in producing a person in custody. A jail appeal cannot be summarily dismissed before the appeal limitation period expires.
Section 425(2): Calling for records
The appellate court may call for the record of the case before dismissing the appeal. The provision makes this discretionary rather than mandatory in every case.
Section 425(3): Recording reasons
Where the appellate court is a Court of Session or the Chief Judicial Magistrate, it must record its reasons for dismissing the appeal summarily.
Section 425(4): Another appeal not considered
If an appeal forwarded from jail was dismissed summarily and the court later discovers a separate duly presented appeal by the same appellant that was not considered, it may hear and dispose of that appeal in the interests of justice, notwithstanding Section 434 BNSS.
Key procedural safeguards
| Issue | Legal position |
|---|---|
| Ground for dismissal | No sufficient ground for appellate interference after examining the petition and judgment. |
| Ordinary appeal | Reasonable opportunity to be heard must be provided. |
| Appeal from jail | Hearing protection applies subject to the express statutory exceptions. |
| Limitation for jail appeal | Summary dismissal must await expiry of the period allowed to appeal. |
| Case record | The appellate court may call for it. |
| Reasons | Mandatory for summary dismissal by the Court of Session or Chief Judicial Magistrate. |
Related appeal provisions
The appeal is ordinarily presented by a written petition under Section 382 CrPC (Section 423 BNSS). An appellant in jail may present the appeal through the jail officer under Section 383 CrPC (Section 424 BNSS). If the appeal is not dismissed summarily, Section 385 CrPC (Section 426 BNSS) governs further hearing. The appellate court's powers are addressed in Section 386 CrPC (Section 427 BNSS).
Frequently asked questions
What is summary dismissal of a criminal appeal?
It is dismissal at the preliminary scrutiny stage where the appellate court finds no sufficient ground for interference, subject to the statutory hearing safeguards.
What is the BNSS equivalent of Section 384 CrPC?
Section 425 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Can an appeal be dismissed without hearing the appellant?
For an appeal presented under Section 382 CrPC or Section 423 BNSS, a reasonable opportunity to be heard must be given. Special statutory exceptions apply to appeals presented from jail.
Must the appellate court give reasons?
Section 384(3) CrPC and Section 425(3) BNSS require the Court of Session or Chief Judicial Magistrate to record reasons for summary dismissal.
Official statutory sources
Consult the India Code portal for the official Acts and the Bureau of Police Research and Development BNSS text (PDF) for the new criminal procedure law. For pending proceedings, examine the saving provision in Section 531 BNSS.
Last reviewed: 18 October 2026. This article is general legal information, not advice for an individual case.