Indian criminal procedure | Appeals

CrPC Section 372: No Appeal Unless Otherwise Provided

Section 372 of the Code of Criminal Procedure, 1973 established the general rule that a criminal appeal must be authorised by law. Its proviso recognises specified rights of appeal for victims. The corresponding current provision is Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Current legal position: The BNSS came into force on 1 July 2024 and repealed the CrPC, subject to the savings and transitional provisions in Section 531 BNSS. Whether the CrPC or BNSS governs a particular matter depends on the applicable transitional rules and procedural history.

Text of Section 372 CrPC

No appeal to lie unless otherwise provided

No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force:

Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.

The proviso was inserted by the Code of Criminal Procedure (Amendment) Act, 2008 (Act 5 of 2009), Section 29, with effect from 31 December 2009.

Meaning and scope of Section 372

An appeal is a statutory remedy, not an automatic entitlement against every decision of a criminal court. Section 372 therefore requires a specific provision of the CrPC or another applicable law before an appeal can be maintained.

The proviso creates an express right for a victim to challenge certain outcomes even though the main rule restricts appeals. Under Section 2(wa) CrPC, a victim is a person who has suffered loss or injury because of the act or omission for which the accused was charged; the definition includes the victim's guardian or legal heir.

When can a victim appeal?

Acquittal: the accused is found not guilty.
Conviction for a lesser offence: the accused is convicted of an offence less serious than the one relevant to the victim's grievance.
Inadequate compensation: the compensation awarded is alleged to be insufficient.

The proviso directs the appeal to the court that would ordinarily hear an appeal against a conviction by the court issuing the challenged order. The proper forum, limitation period and procedural requirements must be assessed in the individual case.

Corresponding current law: Section 413 BNSS

Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023, titled No appeal to lie unless otherwise provided, carries forward the same central principle and the victim's three specified grounds of appeal. It appears in Chapter XXXI of the BNSS, dealing with appeals.

In the current law, the term victim is defined in Section 2(1)(y) BNSS. The general framework for appeals from convictions and acquittals is addressed in other provisions of the appeals chapter, including Sections 415 and 419 BNSS.

Important distinction: compensation and sentence

An appeal alleging inadequate compensation is not the same as an appeal merely seeking a more severe punishment. In Parvinder Kansal v. State (NCT of Delhi) (2020), the Supreme Court explained that the proviso to Section 372 CrPC does not independently authorise a victim's appeal solely on the ground that the sentence is inadequate. Other statutory remedies may have different requirements.

Official legislation and judicial references

India Code - official repository of central legislation (search for the Code of Criminal Procedure, 1973, Section 372 and BNSS, 2023, Section 413).
Bureau of Police Research and Development - BNSS reference PDF and CrPC correspondence table.
Supreme Court judgment (29 January 2025) discussing the victim's right of appeal under Section 372 CrPC.
Supreme Court of India - official website.

Frequently asked questions

Does Section 372 CrPC allow every criminal judgment to be appealed?

No. An appeal must be permitted by the CrPC or another applicable law, subject to the express victim-appeal proviso.

What is the BNSS equivalent of Section 372 CrPC?

Section 413 BNSS is the corresponding provision, effective under the new procedural framework from 1 July 2024, subject to statutory savings.

Can a victim appeal against an acquittal?

Yes, the proviso expressly recognises this right, subject to the applicable law and procedural requirements.

This article is for general legal information and is not a substitute for case-specific professional advice.