Criminal procedure | Appeals

Section 381 CrPC: How Appeals to the Court of Session Are Heard

Section 381 of the Code of Criminal Procedure, 1973 governed which judicial officers could hear appeals before a Court of Session. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 422.

Current legal position: The BNSS came into force on 1 July 2024 and repealed the CrPC, subject to its savings and transitional provisions. Section 422 BNSS is the corresponding provision for proceedings governed by the new law. Pending proceedings may continue under the CrPC as provided by Section 531 BNSS.

Meaning and purpose of Section 381 CrPC

Section 381 determined the judicial officer authorised to hear a criminal appeal filed before the Court of Session or Sessions Judge. It also regulated assignment of appellate work to Additional Sessions Judges, Assistant Sessions Judges and Chief Judicial Magistrates. The provision concerns allocation and hearing of appeals; the right to appeal, filing requirements and appellate powers are addressed by other sections.

Section 381 CrPC: Text of the provision

381. Appeal to Court of Session how heard.

(1) Subject to the provisions of sub-section (2), an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge:

Provided that an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by an Assistant Sessions Judge or a Chief Judicial Magistrate.

(2) An Additional Sessions Judge, Assistant Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him or as the High Court may, by special order, direct him to hear.

Explanation of Section 381

Sub-section (1): Who hears an appeal?

The ordinary rule was that an appeal to the Court of Session or Sessions Judge would be heard by the Sessions Judge or an Additional Sessions Judge. The proviso permitted appeals against convictions following trials by a Magistrate of the second class to be heard and disposed of by an Assistant Sessions Judge or Chief Judicial Magistrate.

Sub-section (2): Assignment of appellate cases

An Additional Sessions Judge, Assistant Sessions Judge or Chief Judicial Magistrate could hear only appeals assigned by a general or special order of the Sessions Judge of the division, or directed by a special order of the High Court. Their designation alone did not authorise them to take up every appeal.

Section 422 BNSS: Corresponding law in force

Section 422 of the Bharatiya Nagarik Suraksha Sanhita, 2023 retains the general structure of Section 381 CrPC, but its text no longer includes an Assistant Sessions Judge among the officers permitted to hear the specified appeals.

422. Appeal to Court of Session how heard.

(1) Subject to the provisions of sub-section (2), an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge:

Provided that an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by the Chief Judicial Magistrate.

(2) An Additional Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him or as the High Court may, by special order, direct him to hear.

Important distinction: Unlike the earlier Section 381 CrPC, Section 422 BNSS does not refer to an Assistant Sessions Judge in either the proviso to sub-section (1) or sub-section (2).

Related provisions governing criminal appeals

Section 415 BNSS (Section 374 CrPC): Appeals from convictions, subject to the statutory conditions.
Section 423 BNSS (Section 382 CrPC): Petition of appeal, including the written petition and ordinarily a copy of the judgment or order.
Section 424 BNSS (Section 383 CrPC): Procedure for presentation of an appeal by an appellant in jail.
Section 425 BNSS (Section 384 CrPC): Summary dismissal of appeals.
Section 426 BNSS (Section 385 CrPC): Procedure for hearing appeals not dismissed summarily.
Section 427 BNSS (Section 386 CrPC): Powers of the appellate court.
Section 430 BNSS (Section 389 CrPC): Suspension of sentence pending appeal and release on bail.
Section 531 BNSS: Repeal and savings, relevant to proceedings pending when the new law commenced.

Practical implications

When filing or pursuing a criminal appeal, the appellant should first identify the applicable procedural law and the statutory right of appeal. The appeal must be presented in the prescribed manner, and the hearing must be before a judicial officer authorised under the applicable law and any relevant allocation order. The merits of the appeal are determined under the separate provisions governing appellate hearings and powers.

Official statutory references

For authoritative text and amendments, consult the India Code official legislation portal, the National Crime Records Bureau BNSS chapter text and the Bureau of Police Research and Development BNSS reference PDF. Confirm applicable commencement notifications and subsequent amendments before relying on a provision in court.

Legal information only. The applicable law and procedure depend on the facts, filing date, transitional provisions and relevant court orders.