Section 374 CrPC - Appeals from Convictions and Section 415 BNSS
Section 374 of the Code of Criminal Procedure, 1973 identifies the court to which a convicted person may appeal. The corresponding current provision is Section 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Meaning and scope of Section 374 CrPC
An appeal from conviction is a statutory remedy through which a convicted person asks a competent higher court to examine the conviction and, where permissible, the sentence. The appellate forum depends on which court tried the case and the sentence imposed. Section 374 is subject to other applicable provisions governing appeals.
Section 374 CrPC: Legal provisions explained
Sub-section (1): Conviction by a High Court
A person convicted in a trial held by a High Court exercising its extraordinary original criminal jurisdiction may appeal to the Supreme Court.
Sub-section (2): Conviction by Sessions Court or sentence exceeding seven years
A person convicted in a trial before a Sessions Judge or Additional Sessions Judge may appeal to the High Court. The same route applies where any other court has passed a sentence of imprisonment exceeding seven years against that person or another person convicted at the same trial.
Sub-section (3): Appeals to the Court of Session
Subject to sub-section (2), an appeal lies to the Court of Session where the person:
- was convicted in a trial before a Metropolitan Magistrate, Assistant Sessions Judge, Judicial Magistrate of the First Class or Magistrate of the Second Class;
- was sentenced under Section 325 CrPC; or
- was the subject of an order or sentence made under Section 360 CrPC by a Magistrate.
Sub-section (4): Appeals concerning specified sexual offences
Section 374(4), as subsequently inserted into the CrPC, provides for disposal within six months from filing of an appeal against a sentence under specified Indian Penal Code provisions concerning sexual offences. Its application must be considered with the governing law and transitional provisions.
Corresponding law: Section 415 BNSS, 2023
Section 415 BNSS retains the principal appeal routes while updating statutory references and court descriptions. It provides:
| Situation | Appellate court | Provision |
|---|---|---|
| Conviction by a High Court in extraordinary original criminal jurisdiction | Supreme Court | BNSS 415(1) |
| Conviction by Sessions Judge or Additional Sessions Judge; or imprisonment exceeding seven years in the circumstances specified | High Court | BNSS 415(2) |
| Conviction by First or Second Class Magistrate, or cases under BNSS Sections 364 or 401, subject to sub-section (2) | Court of Session | BNSS 415(3) |
| Appeal against sentence under specified BNS sexual-offence provisions | Disposal within six months of filing | BNSS 415(4) |
Section 415(3) refers to BNSS Section 364 in place of CrPC Section 325 and BNSS Section 401 in place of CrPC Section 360. The BNSS text no longer separately lists Metropolitan Magistrates or Assistant Sessions Judges in clause (3)(a).
Under Section 415(4), appeals against sentences under Sections 64, 65, 66, 67, 68, 70 and 71 of the Bharatiya Nyaya Sanhita, 2023 are to be disposed of within six months from filing. This is a statutory disposal timeline for the specified appeals, not a general six-month deadline for filing every criminal appeal.
State amendments under the CrPC
Assam
The original page records the Assam amendment to Section 374(3)(a), adding reference to an Executive Magistrate in the relevant category of courts. It cites Assam Act 3 of 1984, Section 3(3) and the Schedule. Its continuing relevance must be assessed against the applicable law and savings provisions.
Manipur
The original page records the Manipur amendment to Section 374(3)(a), referring to a Specified Executive Magistrate. It cites Manipur Act 3 of 1985, Section 4(2) and the Schedule. State-specific applicability should be checked before relying on it.
Practical points for a criminal appeal
- Identify the trial court, the judgment of conviction and the sentence.
- Confirm the applicable law, including the BNSS repeal and savings provision.
- Check any statutory restrictions on appeal, limitation rules and procedural requirements.
- Obtain the judgment and other necessary court records for preparing the appeal.
- Consider separately whether suspension of sentence or bail pending appeal should be requested.
Official statutory references
- India Code - official central legislation database (search for Code of Criminal Procedure, 1973, Section 374).
- Bureau of Police Research and Development - Bharatiya Nagarik Suraksha Sanhita, 2023 (PDF), Section 415.
- Ministry of Home Affairs - official notifications and criminal law resources.
Frequently asked questions
Which court hears an appeal against conviction by a Sessions Judge?
Ordinarily, the High Court under CrPC Section 374(2) or BNSS Section 415(2), as applicable.
Can a person convicted by a Magistrate appeal?
Yes, in cases covered by the statutory right of appeal, ordinarily to the Court of Session, subject to exceptions and other applicable provisions.
Is Section 374 CrPC still relevant after 1 July 2024?
Yes. Although the BNSS replaced the CrPC for the new procedural regime, CrPC provisions may remain applicable to saved proceedings and earlier matters under Section 531 BNSS.
Legislative note: The wording of CrPC Section 374(2) concerning sentences imposed on another person convicted at the same trial was substituted by Act 45 of 1978, Section 28, effective 18 December 1978. This article provides general legal information and is not a substitute for case-specific advice.