Criminal procedure law | India

Section 341 CrPC - Appeal Against Court Complaint Orders | Section 380 BNSS

Section 341 of the Code of Criminal Procedure, 1973 provides a specific appeal against certain decisions about court complaints for offences affecting the administration of justice. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 380.

Current law: The BNSS came into force on 1 July 2024. Section 380 governs the corresponding procedure under the new law, subject to applicable transitional and saving provisions for pending proceedings. Section 341 CrPC remains important for understanding proceedings governed by the earlier Code.

What is Section 341 CrPC?

Section 341 is titled Appeal. It permits a challenge to a qualifying court decision under Section 340 CrPC, which concerns the making of complaints in cases specified by Section 195(1)(b) CrPC. These provisions deal with certain offences affecting public justice, including specified false-evidence and document-related offences in connection with court proceedings.

Section 341 CrPC - Statutory provisions explained

Sub-section (1): Who can appeal and where?

Where a court other than a High Court refuses an application to make a complaint under Section 340(1) or (2), the applicant may appeal. A person against whom such a complaint has been made may also appeal. The appeal lies to the court to which the original court is subordinate for the purposes of Section 195(4).

After giving notice to the parties concerned, the superior court may direct withdrawal of a complaint already made or direct that a complaint be made where the lower court declined to do so. If the superior court itself makes the complaint, the requirements of Section 340 apply accordingly.

Sub-section (2): Finality of orders

An order made under Section 341 is final and is not subject to revision under the Code. Subject to an order made on appeal under Section 341, an order under Section 340 is also final and not revisable. This statutory restriction should not be confused with the scope of constitutional remedies in an appropriate case.

Corresponding law: Section 380 BNSS, 2023

Section 380 BNSS is also titled Appeal and substantially carries forward the appeal mechanism in Section 341 CrPC. Its connected references are updated:

Earlier CrPC provision	Current BNSS provision	Subject
Section 195	Section 215	Restrictions on prosecution for specified offences affecting public justice
Section 340	Section 379	Procedure for a court to make a complaint
Section 341	Section 380	Appeal against specified complaint decisions
Section 342	Section 381	Power to order costs

Under Section 380(1), an appeal can be brought by a qualifying unsuccessful applicant or by a person against whom the court has made a complaint under Section 379. Section 380(2) maintains the finality and no-revision rule.

How the appeal procedure works

Identify an appealable decision: a refusal to make a complaint or a complaint made under the specified provision.
Identify the superior court: determine subordination under Section 195(4) CrPC or Section 215(4) BNSS, as applicable.
File the appeal: challenge the relevant order with supporting documents and grounds in accordance with applicable procedural requirements.
Notice and hearing: the superior court considers the matter after notice to concerned parties.
Decision: the superior court may direct a complaint to be made or an existing complaint to be withdrawn, as the case requires.

The section does not itself specify a universal appeal-filing period. The applicable limitation rules, procedural requirements and case-specific facts must be checked before filing.

Important legal distinctions

This is not an ordinary appeal against a criminal conviction. It concerns a court's decision to initiate or refuse a complaint under the special mechanism for offences connected with judicial proceedings. A party's dissatisfaction with evidence or an adverse judgment does not by itself establish the grounds for such a complaint.

Further, the statutory appeal under Section 341 CrPC or Section 380 BNSS does not ordinarily lie against an order made by a High Court under these provisions, because the appeal clause expressly refers to a court other than a High Court.

Frequently asked questions

What is the BNSS equivalent of Section 341 CrPC?

Section 380 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Can a person challenge the court's refusal to file a complaint?

Yes, if the refusal falls within Section 340 CrPC or Section 379 BNSS and the other statutory conditions are met.

Can the person against whom a complaint is made appeal?

Yes. Both provisions expressly recognize an appeal by a person against whom a qualifying court complaint has been made.

Is a revision available after the appeal order?

The statutory provision states that the order is final and not subject to revision under the Code.

Official legislation and related reading

Updated: 18 October 2026. This article provides general legal information, not case-specific legal advice.