Section 351 CrPC - Appeals from Convictions under Sections 344, 345, 349 and 350
Section 351 of the Code of Criminal Procedure, 1973 provided a specific right of appeal against certain summary convictions or sentences for conduct affecting the administration of justice. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 390 BNSS.
What does Section 351 CrPC provide?
Section 351 provided an appeal to a person sentenced by a court other than a High Court under specified provisions dealing with false evidence, certain contempt, refusal to answer or produce documents, and failure of a witness to attend in obedience to summons. The section contained four subsections:
Section 351(1) - Right of appeal
A person sentenced by a court other than a High Court under Sections 344, 345, 349 or 350 CrPC could appeal, notwithstanding other provisions of the Code, to the court to which decrees or orders of the sentencing court were ordinarily appealable.
Section 351(2) - Powers of the appellate court
Chapter XXIX of the CrPC applied to such appeals so far as relevant. The appellate court could alter or reverse the finding, or reduce or reverse the sentence.
Section 351(3) - Court of Small Causes
An appeal against such a conviction by a Court of Small Causes lay to the Court of Session for the sessions division in which that court was situated.
Section 351(4) - Registrar or Sub-Registrar
Where a Registrar or Sub-Registrar was deemed a Civil Court by a direction under Section 347 CrPC, the appeal lay to the Court of Session for the sessions division in which the relevant office was situated.
Section 390 BNSS - Current corresponding law
Section 390 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is titled "Appeals from convictions under sections 383, 384, 388 and 389". It retains the special appeal framework, with references updated to the corresponding BNSS provisions.
| Earlier CrPC provision | Corresponding BNSS provision | Subject |
|---|---|---|
| Section 344 | Section 383 | Summary procedure for trial for giving false evidence |
| Section 345 | Section 384 | Procedure in certain cases of contempt |
| Section 349 | Section 388 | Refusal to answer questions or produce a document or thing |
| Section 350 | Section 389 | Summary punishment for non-attendance by a witness |
| Section 351 | Section 390 | Appeals against the specified convictions or sentences |
Meaning of Section 390(1) BNSS
A person sentenced by any court other than a High Court under Sections 383, 384, 388 or 389 BNSS may appeal to the court to which that court's decrees or orders are ordinarily appealable. This is a specific statutory appeal right.
Meaning of Section 390(2) BNSS
The provisions of Chapter XXXI BNSS, governing appeals, apply so far as relevant. The appellate court may alter or reverse the finding or reduce or reverse the sentence under appeal.
Meaning of Sections 390(3) and 390(4) BNSS
An appeal from a qualifying conviction by a Court of Small Causes lies to the Court of Session for the relevant sessions division. The same forum applies to a qualifying conviction by a Registrar or Sub-Registrar deemed to be a Civil Court under Section 386 BNSS, based on the location of that office.
Who can appeal and where?
- Eligible appellant: A person sentenced under one of the four specified provisions by a court other than a High Court.
- Ordinary forum: The court to which the sentencing court's decrees or orders are ordinarily appealable.
- Special forum: The Court of Session for convictions covered by the Small Causes Court and Registrar or Sub-Registrar provisions.
- Possible relief: Alteration or reversal of a finding, or reduction or reversal of a sentence, subject to the applicable appeal procedure.
The appropriate forum, filing requirements and limitation period should be checked against the facts, the applicable procedural law and any relevant court rules. The appeal is not automatically allowed merely because it is filed.
Frequently asked questions
What is the new BNSS section corresponding to Section 351 CrPC?
Section 390 BNSS corresponds to Section 351 CrPC.
Does this appeal provision cover every criminal conviction?
No. It specifically concerns sentences under Sections 383, 384, 388 and 389 BNSS, corresponding to Sections 344, 345, 349 and 350 CrPC.
Can an appellate court reverse the sentence?
Yes. Section 390(2) BNSS expressly authorises the appellate court to reduce or reverse the sentence, and to alter or reverse the finding, in accordance with the applicable law.
Does Section 390 BNSS cover a sentence imposed by a High Court?
No. Subsection (1) expressly refers to a person sentenced by a court other than a High Court.
Official statutory references
- India Code - Bharatiya Nagarik Suraksha Sanhita, 2023
- National Crime Records Bureau - BNSS chapters and sections
- Bureau of Police Research and Development - BNSS official reference PDF
- Ministry of Home Affairs - New criminal laws
This article provides general statutory information and is not a substitute for case-specific legal advice. Check the latest official text and relevant judicial decisions before taking action.