Bharatiya Nagarik Suraksha Sanhita, 2023
Section 422
Appeal to Court of Session how heard
(1) Subject to the provisions of sub-section (2), an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge: Provided that an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by the Chief Judicial Magistrate.
(2) An Additional Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him or as the High Court may, by special order, direct him to hear.
Why this exists
This provision manages caseload distribution at the Sessions Court level, ensuring appeals are heard by judges with the appropriate authority while giving the Sessions Judge (or the High Court) control over how appeal work is delegated to Additional Sessions Judges or the Chief Judicial Magistrate. It continues section 381 of the CrPC, 1973.