Section 382 CrPC: Petition of Appeal and Section 423 BNSS
A criminal appeal is ordinarily filed through a written petition presented by the appellant or their legal representative, together with the judgment or order challenged, unless the appellate court directs otherwise.
Text of Section 382 CrPC, 1973
382. Petition of appeal. Every appeal shall be made in the form of a petition in writing presented by the appellant or his pleader, and every such petition shall (unless the Court to which it is presented otherwise directs) be accompanied by a copy of the judgment or order appealed against.
Section 423 BNSS: Present corresponding provision
423. Petition of appeal. Every appeal shall be made in the form of a petition in writing presented by the appellant or his advocate, and every such petition shall (unless the Court to which it is presented otherwise directs) be accompanied by a copy of the judgment or order appealed against.
The substantive filing requirement is substantially retained. The current central provision uses the expression advocate instead of pleader. Read the authoritative text in the official BNSS enactment (India Code PDF) or the India Code BNSS record.
Meaning and legal requirements
1. Written petition
The appeal must take the form of a petition in writing. It should identify the challenged judgment or order, the appellate court, the appellant and the grounds on which appellate intervention is requested. The exact format, annexures and filing method are governed by applicable court rules and directions.
2. Who may present the appeal?
The provision permits presentation by the appellant or by the appellant's advocate (the older CrPC text refers to a pleader). The right to appeal itself must arise under an applicable statutory provision; Section 423 BNSS and Section 382 CrPC regulate the form of an appeal rather than independently creating a right of appeal.
3. Copy of judgment or order
Ordinarily, a copy of the judgment or order appealed against must accompany the petition. The appellate court may direct otherwise. Any certified-copy requirement, exemption or filing defect procedure should be checked against the rules of the relevant court.
4. Time limit and filing
Neither Section 382 CrPC nor Section 423 BNSS itself prescribes a universal limitation period for every criminal appeal. The applicable limitation provisions, exclusions, condonation rules and special enactments must be considered separately. An appeal should be filed in the competent appellate forum within the applicable period.
CrPC 382 and BNSS 423 at a glance
| Issue | Section 382 CrPC | Section 423 BNSS |
|---|---|---|
| Subject | Petition of appeal | Petition of appeal |
| Form | Written petition | Written petition |
| Presenter | Appellant or pleader | Appellant or advocate |
| Judgment/order copy | Required unless court otherwise directs | Required unless court otherwise directs |
| Transitional position | May continue to govern saved proceedings | Current central procedural provision, subject to savings |
Andaman and Nicobar Islands: Historical territorial amendment
The original CrPC article records a special territorial amendment attributed to the Andaman and Nicobar Islands (U.T.) Act 1 of 1974, Section 5. Its purpose was to address practical difficulties in presenting appeals to the proper appellate court, including obstacles caused by weather and transport.
As reproduced in the historical text, it provided for presentation to the Administrator or a qualifying Executive Magistrate in specified circumstances, forwarding to the proper appellate court, limited interim suspension-of-sentence or bail powers, and a deeming rule concerning the date of presentation. The expression Administrator referred to an Administrator appointed under Article 239 of the Constitution.
Read the full historical state amendment as supplied in the original page
STATE AMENDMENT Andaman and Nicobar Islands (U.T.). Section 382 shall be re-numbered as sub-section (1) of that section, and sub-section (1) as so re-numbered, the following provisos and Explanation shall be added, namely: - "Provided that where it is not practicable to file the petition of appeal to the proper Appellate Court, the petition of appeal may be presented to the Administrator or to an Executive Magistrate, not below the rank of Sub-Divisional Magistrate, who shall forward the same to the proper Appellate Court; and, when any such appeal is presented to the Administrator or to an Executive Magistrate, he shall record thereon the date of its date of presentation and, if he is satisfied that, by reason of the weather, transport or other difficulties, it is not possible for the appellant to obtain, from the proper Appellate Court, orders for the suspension of sentence or for bail, he may, in respect of such appeal, or an appeal forwarded to him under section 383, exercise all or any of the powers of the proper Appellate Court and sub-section (1) of section 389 with regard to suspension of sentence or release of a convicted person on bail: Provided further that the order so made by Administrator or the Executive Magistrate shall have effect until it is reversed or modified by the proper Appellate Court. Explanation:--For the purposes of the provisos to this section, and section 383, Administrator, in relation to a Union territory means the Administrator appointed by the President under article 239 of the Constitution, for that Union territory."; In section 382 after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely:-- "(2) For purposes of computation of the period of limitation, and for all other purposes, an appeal presented to an Administrator or an Executive Magistrate under sub-section (1) or as the case may be, under section 383, shall be deemed to be an appeal presented to the proper Appellate Court."; [Vide Andaman and Nicobar Islands (U.T.). Act 1 of 1974, s. 5.]
Applicability caution: This is preserved as historical CrPC material, not represented as an amendment automatically carried into Section 423 BNSS. Its current effect, if any, must be verified against applicable adaptation, repeal, savings and territorial instruments before reliance.
Related appellate provisions
For an appellant in jail, see Section 383 CrPC (corresponding Section 424 BNSS). For summary dismissal, see Section 384 CrPC (corresponding Section 425 BNSS). For suspension of sentence and bail pending appeal, see Section 389 CrPC and the corresponding BNSS provisions.
Frequently asked questions
What is the BNSS equivalent of Section 382 CrPC?
Section 423 BNSS, titled "Petition of appeal".
Is a judgment copy compulsory?
It ordinarily accompanies the appeal petition, but the appellate court may direct otherwise.
Can an appellant file personally?
Yes. The statutory text allows presentation by the appellant or an advocate, subject to applicable procedural rules.
Does the CrPC still apply to older proceedings?
Section 531 BNSS contains saving provisions for proceedings pending immediately before commencement. The precise procedural regime must be determined from the facts and relevant legal authorities.
Official legal sources
- India Code: Bharatiya Nagarik Suraksha Sanhita, 2023
- Official text of BNSS, 2023 (PDF)
- Bureau of Police Research and Development: BNSS and CrPC reference
Updated 18 October 2026. This article provides general legal information; procedural requirements and territorial amendments should be checked against current official texts and court rules.