Sections 372, 373 and 374 CrPC: Right of Appeal, Security Orders and Appeals from Convictions
Sections 372, 373 and 374 of the Code of Criminal Procedure, 1973 governed three foundational aspects of criminal appeals before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force: when an appeal is legally maintainable, appeals against specified security or surety orders, and the forum for appeals from convictions.
Meaning of an appeal in criminal proceedings
An appeal is a statutory remedy by which a person entitled by law asks a superior court to examine a judgment, conviction, sentence or other appealable order of a lower criminal court. There is no unrestricted or inherent right of criminal appeal. The right exists only where the CrPC or another law provides it. Section 372 stated this general rule and also contained the statutory right of a victim to appeal in the circumstances specified in its proviso.
| CrPC provision | Subject | Corresponding BNSS provision |
|---|---|---|
| Section 372 | No appeal unless provided by law; victim's appeal against acquittal, conviction for a lesser offence or inadequate compensation | Section 413 |
| Section 373 | Appeal from specified orders requiring security or refusing or rejecting surety | Section 414 |
| Section 374 | Appeals from convictions and the competent appellate court | Section 415 |
Section 372 CrPC - No appeal to lie unless otherwise provided
Definition and scope: Section 372 expressed the basic rule that an appeal from a judgment or order of a criminal court is maintainable only when the CrPC or another law in force authorises it. The section therefore requires the appellant to identify a statutory source of the right of appeal.
Core rule: No appeal lies from a judgment or order of a criminal court except as provided by the Code or another law for the time being in force.
Victim's right: The proviso, inserted with effect from 31 December 2009, gives the victim a right to appeal against an order acquitting the accused, convicting the accused of a lesser offence, or imposing inadequate compensation. The appeal lies to the court to which an appeal ordinarily lies against the conviction order of that court.
For this purpose, the term victim was defined in Section 2(wa) CrPC as a person who suffered loss or injury caused by the act or omission for which the accused was charged, and it included the victim's guardian or legal heir.
Section 373 CrPC - Appeal against security and surety orders
Definition and scope: Section 373 provided an appeal to the Court of Session against particular preventive orders concerning security for keeping the peace or good behaviour and against refusal to accept or rejection of a surety.
A person could appeal to the Court of Session if the person:
(i) had been ordered under Section 117 CrPC to give security for keeping the peace or for good behaviour; or
(ii) was aggrieved by an order under Section 121 CrPC refusing to accept or rejecting a surety.
The statutory exception applied where proceedings against the person were laid before a Sessions Judge under Section 122(2) or Section 122(4) CrPC.
Related provisions: Section 117 dealt with the inquiry into the truth of information in proceedings for security, Section 121 dealt with rejection of sureties, and Section 122 dealt with imprisonment in default of security.
Section 374 CrPC - Appeals from convictions
Definition and scope: Section 374 identified the appellate court according to the court of conviction and, in specified cases, the sentence imposed. It was the principal CrPC provision governing a convicted person's ordinary statutory appeal.
Appeal to the Supreme Court
Under Section 374(1), a person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction could appeal to the Supreme Court.
Appeal to the High Court
Under Section 374(2), a person convicted on a trial held by a Sessions Judge or Additional Sessions Judge could appeal to the High Court. The same route applied where a person was convicted by another court and a sentence of imprisonment for more than seven years was passed against that person or another person convicted at the same trial.
Appeal to the Court of Session
Subject to Section 374(2), Section 374(3) allowed an appeal to the Court of Session by a person convicted on a trial held by a Metropolitan Magistrate, Assistant Sessions Judge, Magistrate of the first class or Magistrate of the second class; a person sentenced under Section 325 CrPC; or a person in respect of whom an order or sentence was made under Section 360 CrPC.
State amendments appearing in the pre-BNSS CrPC text
The earlier page recorded State amendments concerning Section 374(3), including amendments associated with Assam, Manipur and Punjab, with the Chandigarh position linked to Punjab. Such local amendments should be checked against the law applicable to the relevant State or Union Territory and the date of the proceeding before relying on them.
Position after 1 July 2024 under BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the CrPC from 1 July 2024. The subject matter of old Sections 372, 373 and 374 is now substantially carried forward in BNSS Sections 413, 414 and 415. Section 414 updates the cross-references for security and surety proceedings to BNSS Sections 136, 140 and 141. Section 415 broadly preserves the appellate structure for convictions but updates terminology and cross-references and adds a six-month disposal requirement for appeals against sentences under specified provisions of the Bharatiya Nyaya Sanhita, 2023.
For transition cases, Section 531 BNSS is important. Where an appeal, application, trial, inquiry or investigation was pending immediately before 1 July 2024, the saving clause provides for continuation under the CrPC as it stood immediately before BNSS commenced.
Frequently asked questions
Does every criminal court order carry a right of appeal?
No. Under Section 372 CrPC, an appeal had to be authorised by the CrPC or another law. The same basic principle is continued in Section 413 BNSS.
Where did an appeal under Section 373 CrPC lie?
It lay to the Court of Session, subject to the exception stated in Section 373 for proceedings laid before a Sessions Judge under Section 122(2) or 122(4).
Where did a person convicted by a Sessions Judge appeal?
Section 374(2) CrPC provided an appeal to the High Court.
Do pending pre-BNSS proceedings automatically shift to BNSS?
Not where Section 531(2)(a) BNSS applies. That provision saves specified proceedings that were pending immediately before BNSS commenced and directs their continuation under the CrPC.
This page explains the statutory framework for general legal information. The applicable provision can depend on the date of commencement of the proceeding, the court involved, the sentence or order challenged, local amendments and special statutes.