Section 393 CrPC - Finality of Judgments and Orders on Appeal
Section 393 of the Code of Criminal Procedure, 1973 established the general finality of appellate judgments and orders, subject to specified exceptions. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 434 BNSS.
Section 393 CrPC: statutory text
Judgments and orders passed by an Appellate Court upon an appeal shall be final, except in the cases provided for in section 377, section 378, sub-section (4) of section 384 or Chapter XXX:
Provided that notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits,
(a) an appeal against acquittal under section 378, arising out of the same case, or
(b) an appeal for the enhancement of sentence under section 377, arising out of the same case.
Section 434 BNSS: current corresponding provision
Judgments and orders passed by an Appellate Court upon an appeal shall be final, except in the cases provided for in section 418, section 419, sub-section (4) of section 425 or Chapter XXXII:
Provided that notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits,
(a) an appeal against acquittal under section 419, arising out of the same case; or
(b) an appeal for the enhancement of sentence under section 418, arising out of the same case.
Meaning and legal effect of finality
Appellate Court means a court exercising appellate jurisdiction over a judgment or order. Finality under these provisions means that an appellate judgment or order ordinarily concludes the appeal, subject to the express statutory exceptions and other remedies available under law. It should not be read as eliminating constitutional jurisdiction or every remedy otherwise recognised by law.
The proviso prevents disposal of a conviction appeal from automatically defeating a separate, competent appeal against acquittal or for enhancement of sentence arising from the same case. Those appeals can still be examined on their merits.
Statutory exceptions and cross-references
| Subject | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| State appeal for enhancement of sentence | Section 377 | Section 418 |
| Appeal against acquittal | Section 378 | Section 419 |
| Further appeal following summary dismissal in specified circumstances | Section 384(4) | Section 425(4) |
| Reference and revision framework | Chapter XXX | Chapter XXXII |
Practical illustration
Suppose a convicted person appeals the conviction and that appeal is decided. If a properly instituted appeal against acquittal of another charge or an appeal seeking enhancement of sentence arises from the same case, the proviso permits the appellate court to decide that appeal on its merits notwithstanding the disposal of the conviction appeal. The outcome depends on the applicable statutory requirements and facts.
CrPC repeal and transitional cases
Section 531 BNSS repeals the Code of Criminal Procedure, 1973, while preserving the treatment of specified pending appeals, applications, trials, inquiries and investigations under its savings provisions. Therefore, a pending proceeding may still require reference to Section 393 CrPC rather than automatically applying Section 434 BNSS. The date and procedural status of the case must be checked.
Frequently asked questions
What replaced Section 393 CrPC?
Section 434 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the corresponding provision on finality of judgments and orders on appeal.
Is every appellate judgment absolutely final?
No. Both provisions expressly recognise exceptions, and the effect of finality must be considered with the wider statutory and constitutional framework.
Can an appeal for enhancement of sentence proceed after a conviction appeal is decided?
Yes, the proviso permits an otherwise maintainable enhancement appeal arising from the same case to be heard and disposed of on the merits.
Does Section 393 CrPC still matter after 1 July 2024?
Yes. It remains relevant for interpretation of the former law and for proceedings to which the BNSS savings provisions apply.
Official legislation and further reading
For authoritative statutory text and amendments, consult the India Code legislative database, the Ministry of Home Affairs, and the Bureau of Police Research and Development BNSS reference PDF. The statutory text and any subsequent amendments should be verified against the official gazette and applicable notifications.
This article is general legal information, not case-specific legal advice.