Summary dismissal means the appellant never gets heard at all.

In most situations the appellant or their advocate must be given a reasonable opportunity to be heard before the appeal is summarily dismissed.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 425

Summary dismissal of appeal

(1) If upon examining the petition of appeal and copy of the judgment received under section 423 or section 424, 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 423 shall be dismissed unless the appellant or his advocate has had a reasonable opportunity of being heard in support of the same;§

(b) no appeal presented under section 424 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 424 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 424 has been dismissed summarily under this section and the Appellate Court finds that another petition of appeal duly presented under section 423 on behalf of the same appellant has not been considered by it, that Court may, notwithstanding anything contained in section 434, if satisfied that it is necessary in the interests of justice so to do, hear and dispose of such appeal in accordance with law.§

Why this exists

This provision lets appellate courts filter out appeals with clearly no merit, saving judicial time for appeals that raise genuine issues. But it carefully balances efficiency against fairness -- the safeguards ensure that even a summary dismissal isn't done casually, requiring a chance to be heard in most cases and recorded reasons from senior courts, protecting appellants (especially those filing from jail without immediate legal help) from having genuine appeals dismissed without any real consideration. It continues section 384 of the CrPC, 1973.

Common misconceptions

Myth: Summary dismissal means the appellant never gets heard at all.
Fact: In most situations the appellant or their advocate must be given a reasonable opportunity to be heard before the appeal is summarily dismissed.