Criminal Procedure | Appeals | Updated October 2026
Section 379 CrPC: Appeal Against Conviction by High Court in Certain Cases
Section 379 of the Code of Criminal Procedure, 1973 provided a right of appeal to the Supreme Court where a High Court reversed an acquittal and imposed a sentence of death, life imprisonment, or imprisonment for ten years or more. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 420.
Text and meaning of Section 379 CrPC
Section 379 - Appeal against conviction by High Court in certain cases:
Where the High Court has, on appeal, reversed an order of acquittal of an accused person and convicted him and sentenced him to death or to imprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the Supreme Court.
The provision concerns a specific appellate situation: a person acquitted by a lower court is convicted by the High Court in an appeal against acquittal, and the High Court imposes one of the qualifying sentences. In that situation, the convicted person may appeal to the Supreme Court.
When is an appeal available?
- Prior acquittal: A court must have acquitted the accused.
- High Court reversal: The High Court must reverse that acquittal while hearing an appeal.
- Conviction: The High Court must convict the person.
- Qualifying sentence: The sentence must be death, imprisonment for life, or imprisonment for ten years or more.
All these elements are important. A conviction by a High Court in another procedural setting does not automatically fall within Section 379. Other constitutional or statutory appeal routes may still be relevant.
Corresponding provision: Section 420 BNSS, 2023
Section 420 BNSS, titled Appeal against conviction by High Court in certain cases, carries forward the special Supreme Court appeal route where a High Court reverses an acquittal, convicts the accused and awards the specified serious sentence. The BNSS replaced the CrPC for the proceedings to which it applies, subject to statutory savings and transitional rules.
| Issue | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Relevant provision | Section 379 | Section 420 |
| Appeal forum | Supreme Court of India | Supreme Court of India |
| Trigger | High Court reverses acquittal and convicts | Corresponding special appeal situation |
| Qualifying punishment | Death, life imprisonment, or ten years or more | Death, life imprisonment, or ten years or more |
Constitutional context and related appeals
Article 134(1)(a) of the Constitution of India provides a constitutional right of appeal to the Supreme Court in criminal proceedings where the High Court has, on appeal, reversed an order of acquittal and sentenced the accused to death. Article 134(1)(b) addresses certain cases withdrawn by a High Court for trial before itself resulting in a death sentence. Article 134(1)(c) deals with certification of fitness for appeal, subject to the applicable constitutional provisions.
Section 379 CrPC and Section 420 BNSS address the specified statutory appeal route, including life imprisonment and imprisonment of ten years or more in the reversal-of-acquittal situation. They should be read alongside the Constitution and applicable Supreme Court procedural rules.
Practical points before filing
- Identify the original acquittal order and the High Court judgment reversing it.
- Check the exact sentence imposed and whether the statutory conditions are satisfied.
- Determine whether the CrPC or BNSS governs the proceeding, including the effect of Section 531 BNSS.
- Review applicable Supreme Court Rules and limitation requirements; the appeal should not be delayed.
- Obtain legal advice on the appropriate appellate remedy, supporting documents, and any application for interim relief.
Frequently asked questions
Does every High Court conviction carry an appeal under Section 379 CrPC?
No. This particular section applies where the High Court reverses an acquittal on appeal and imposes one of the specified serious sentences. Other remedies may apply in other cases.
Can a person appeal if the High Court imposes life imprisonment after reversing an acquittal?
Yes. Life imprisonment is one of the qualifying sentences expressly covered by Section 379 CrPC and the corresponding BNSS provision.
What is the new BNSS section corresponding to Section 379 CrPC?
Section 420 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Does the CrPC still matter after 1 July 2024?
Yes, in cases where the savings and transitional provisions apply. Section 531 BNSS should be examined in relation to the particular proceeding.
Official legal sources and related reading
- India Code - official central legislation database (search for the Code of Criminal Procedure, 1973 and the Bharatiya Nagarik Suraksha Sanhita, 2023).
- Constitution of India - Legislative Department (Article 134).
- Supreme Court of India - official website (rules and filing information).
- Section 378 CrPC - Appeal in case of acquittal.
- Section 374 CrPC - Appeals from convictions.
This article provides general legal information and is not a substitute for advice on the facts of a particular case.