Section 390 CrPC and Section 431 BNSS: Arrest of Accused in Appeal from Acquittal
Updated: 18 October 2026
Section 390 of the Code of Criminal Procedure, 1973 (CrPC) authorises the High Court to issue a warrant for the arrest of an accused when an appeal against acquittal is presented under Section 378. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 431, which refers to appeals under Section 419.
Text of Section 390 CrPC, 1973
390. Arrest of accused in appeal from acquittal.
When an appeal is presented under section 378, the High Court may issue a warrant directing that the accused be arrested and brought before it or any Subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail.
This provision is linked to Section 378 CrPC, which deals with appeals in cases of acquittal. It confers a discretionary power, not an automatic direction to arrest every acquitted person.
Section 431 BNSS, 2023: Corresponding provision
431. Arrest of accused in appeal from acquittal.
When an appeal is presented under section 419, the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail.
Section 419 BNSS concerns appeals in cases of acquittal and corresponds to Section 378 CrPC. The operative power under Section 431 is substantially the same as under the former Section 390.
Meaning and scope of the provision
1. Appeal against acquittal
An acquittal is a judicial decision finding that the prosecution has not established guilt to the required standard. An appeal against acquittal seeks appellate examination of that decision, subject to statutory conditions and any required leave or permission.
2. Power to issue an arrest warrant
When the relevant appeal is presented, the High Court may direct that the accused be arrested and produced before the High Court or a subordinate court. The word "may" signifies discretion; arrest is not mandatory merely because an appeal has been filed.
3. Custody or bail after production
The court before which the accused is produced may either commit the accused to prison pending disposal of the appeal or admit the accused to bail. The decision depends on the applicable law, circumstances of the case and judicial assessment.
4. Arrest is not a finding of guilt
An order under this provision concerns securing the accused's presence during appellate proceedings. It does not itself reverse the acquittal or establish guilt. The merits of the acquittal are determined separately in the appeal.
CrPC and BNSS section references
| Subject | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Appeal in case of acquittal | Section 378 | Section 419 |
| Arrest of accused in appeal from acquittal | Section 390 | Section 431 |
| Suspension of sentence pending appeal | Section 389 | Section 430 |
| Repeal and savings | Earlier procedural code | Section 531 |
Practical considerations
- The High Court must be dealing with an appeal against acquittal under the relevant statutory provision.
- A warrant under Section 390 CrPC or Section 431 BNSS is discretionary, rather than an automatic consequence of filing an appeal.
- The accused may be brought before the High Court or a subordinate court as directed.
- The court before which the accused is produced has statutory authority to consider custody or bail pending disposal of the appeal.
- For older or pending matters, Section 531 BNSS and applicable judicial interpretations should be checked before determining which procedural code governs.
Frequently asked questions
What is Section 390 CrPC?
It authorises the High Court, when an appeal under Section 378 CrPC is presented against an acquittal, to issue a warrant for the accused's arrest and production. The receiving court may commit the accused to prison or grant bail.
What is the equivalent of Section 390 CrPC in BNSS?
Section 431 BNSS is the corresponding provision, read with Section 419 BNSS concerning appeals against acquittal.
Is arrest compulsory after an appeal against acquittal?
No. The statute uses the word "may", leaving the decision to the High Court's judicial discretion.
Can an accused be granted bail during an appeal against acquittal?
Yes. Both provisions expressly allow the court before which the accused is brought to admit the accused to bail.
Official legislation and references
- Bharatiya Nagarik Suraksha Sanhita, 2023 - official India Code PDF (Sections 419, 431 and 531).
- India Code - Government of India legislation database (Code of Criminal Procedure, 1973, Sections 378 and 390).
- Bureau of Police Research and Development - BNSS reference PDF.
This article provides general legal information. Application of the provisions depends on the case record, applicable savings provisions and court orders.