Indian Criminal Procedure | Appeals

Section 375 CrPC: No Appeal in Certain Cases When Accused Pleads Guilty

Section 375 of the Code of Criminal Procedure, 1973 restricts the right of appeal where an accused has pleaded guilty and has been convicted on that plea. The corresponding provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 416.

Current legal position: The BNSS came into force on 1 July 2024. Section 531 contains repeal and savings provisions for proceedings already pending before commencement. The applicable law must be identified from the case's procedural history.

Section 375 CrPC - statutory provision

No appeal in certain cases when accused pleads guilty.

Notwithstanding anything contained in section 374, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal,-

(a) if the conviction is by a High Court; or

(b) if the conviction is by a Court of Session, Metropolitan Magistrate or Magistrate of the first or second class, except as to the extent or legality of the sentence.

Meaning and scope of Section 375 CrPC

The provision is an exception to the general right to appeal against convictions under Section 374 CrPC. It applies where both conditions are satisfied: the accused pleads guilty and the court convicts the accused on that plea.

Conviction by a High Court

Clause (a) bars an ordinary appeal under this provision where the conviction is based on a guilty plea before a High Court. This does not, by itself, determine the availability of any separate constitutional remedy or challenge based on a plea that was not validly made.

Conviction by a Sessions Court or Magistrate

Clause (b) generally prevents an appeal against the conviction itself, but permits an appeal concerning the extent or legality of the sentence. The extent of sentence concerns the punishment imposed; legality concerns whether the punishment is authorised by law.

Section 416 BNSS, 2023 - corresponding current provision

Section 416 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in Chapter XXXI (Appeals), provides:

No appeal in certain cases when accused pleads guilty.

Notwithstanding anything in section 415, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal,-

(i) if the conviction is by a High Court; or

(ii) if the conviction is by a Court of Session or Magistrate of the first or second class, except as to the extent or legality of the sentence.

The BNSS provision refers to Section 415 BNSS, which governs appeals from convictions, instead of Section 374 CrPC. Unlike the former CrPC wording, Section 416 does not separately mention a Metropolitan Magistrate.

When can a guilty-plea conviction be questioned?

A guilty plea does not automatically make every subsequent legal question unreviewable. The express statutory exception permits an appeal about the extent or legality of the sentence in the cases specified. Questions about whether a plea was voluntary, informed, unequivocal or legally recorded may require a different procedural or constitutional remedy depending on the circumstances. Such remedies should not be confused with an unrestricted statutory appeal against conviction.

Practical considerations

Identify whether the CrPC or BNSS governs the proceedings, including any saved pending proceedings under Section 531 BNSS.
Examine the exact record of the guilty plea and whether conviction was based on that plea.
Check the convicting court and the statutory limits on appeals.
Where an appeal concerning sentence is available, identify whether the challenge relates to its extent, legality or both.
Consider limitation periods, the proper appellate forum and case-specific procedural requirements promptly.

Frequently asked questions

Can an accused appeal after pleading guilty?

Ordinarily, an appeal against conviction is barred when the conviction follows a guilty plea. For specified Sessions Court and Magistrate convictions, an appeal remains possible concerning the extent or legality of the sentence.

What is the BNSS equivalent of Section 375 CrPC?

Section 416 BNSS, 2023 is the corresponding provision.

Does the BNSS apply to every older criminal case?

No. The repeal and savings provision in Section 531 BNSS must be considered for proceedings pending before 1 July 2024.

Official legal references

This article is for general legal information and does not replace advice based on the facts and records of an individual case.