CrPC 374→BNSS 415

CrPC 374 to BNSS 415: Appeals from convictions

Section 374 CrPC (1973) replaced by Section 415 BNSS (2023)

View CrPC Section 374 →View BNSS Section 415 →

CrPC 374 to BNSS 415 at a Glance

Section 374 CrPC (Appeals from convictions) is now Section 415 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 374 to BNSS 415?

Section 374 of the Code of Criminal Procedure, 1973 became Section 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The rules governing appeals to the Supreme Court in Section 415(1) BNSS and to the High Court in Section 415(2) BNSS are unchanged. In Section 415(3)(a) BNSS, the reference to trials held by a Metropolitan Magistrate or an Assistant Sessions Judge was removed, leaving trials held by a Magistrate of the first class or of the second class. The remaining changes are of form, updating cross-references to Section 364 BNSS, Section 401 BNSS, and the Bharatiya Nyaya Sanhita, 2023.

CrPC 374 vs BNSS 415: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section374415
HeadingAppeals from convictionsSame
Sub-sections4 sub-sectionsSame
Cross-referencess.325, s.360s.364, s.401

CrPC 374 and BNSS 415: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 374, CrPC 1973

374. Appeals from convictions.—(1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court. (2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other court in which a sentence of imprisonment for more than seven years has been passed against him or against any other person convicted at the same trial, may appeal to the High Court. (3) Save as otherwise provided in sub-section (2), any person,— (a) convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the first class, or of the second class, or (b) sentenced under section 325, or (c) in respect of whom an order has been made or a sentence has been passed under section 360 by any Magistrate, may appeal to the Court of Session. (4) When an appeal has been filed against a sentence passed under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code (45 of 1860), the appeal shall be disposed of within a period of six months from the date of filing of such appeal.
BNSS 2023 (in force)

Section 415, BNSS 2023

415. Appeals from convictions.—(1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court. (2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years has been passed against him or against any other person convicted at the same trial, may appeal to the High Court. (3) Save as otherwise provided in sub-section (2), any person,— (a) convicted on a trial held by Magistrate of the first class, or of the second class; or (b) sentenced under section 364; or (c) in respect of whom an order has been made or a sentence has been passed under section 401 by any Magistrate, may appeal to the Court of Session. (4) When an appeal has been filed against a sentence passed under section 64, section 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023, the appeal shall be disposed of within a period of six months from the date of filing of such appeal.

When It Applies: CrPC 374 vs BNSS 415

Under CrPC 374
  1. A person convicted in a trial conducted by a High Court exercising its extraordinary original criminal jurisdiction may appeal to the Supreme Court under Section 374(1) of the Code of Criminal Procedure, 1973.
  2. A person convicted in a trial held by a Sessions Judge or an Additional Sessions Judge may appeal to the High Court under Section 374(2) CrPC.
  3. A person convicted in a trial held by any other court may appeal to the High Court under Section 374(2) CrPC when a sentence of imprisonment for more than seven years has been passed against that person or against any other person convicted at the same trial.
  4. Save as otherwise provided in Section 374(2) CrPC, a person convicted in a trial held by a Metropolitan Magistrate, an Assistant Sessions Judge, or a Magistrate of the first class or of the second class may appeal to the Court of Session under Section 374(3)(a) CrPC.
  5. Save as otherwise provided in Section 374(2) CrPC, a person sentenced under Section 325 CrPC may appeal to the Court of Session under Section 374(3)(b) CrPC.
  6. Save as otherwise provided in Section 374(2) CrPC, a person in respect of whom any Magistrate has made an order or passed a sentence under Section 360 CrPC may appeal to the Court of Session under Section 374(3)(c) CrPC.
Under BNSS 415
  1. A person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court under Section 415(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  2. A person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge may appeal to the High Court under Section 415(2) BNSS.
  3. A person convicted on a trial held by any other Court may appeal to the High Court under Section 415(2) BNSS when a sentence of imprisonment for more than seven years has been passed against that person or against any other person convicted at the same trial.
  4. Save as otherwise provided in Section 415(2) BNSS, a person convicted on a trial held by a Magistrate of the first class or of the second class may appeal to the Court of Session under Section 415(3)(a) BNSS.
  5. Save as otherwise provided in Section 415(2) BNSS, a person sentenced under Section 364 BNSS may appeal to the Court of Session under Section 415(3)(b) BNSS.
  6. Save as otherwise provided in Section 415(2) BNSS, a person in respect of whom any Magistrate has made an order or passed a sentence under Section 401 BNSS may appeal to the Court of Session under Section 415(3)(c) BNSS.

Time Limits: CrPC 374 to BNSS 415

Under CrPC 374
  • An appeal filed against a sentence passed under Section 376, Section 376A, Section 376AB, Section 376B, Section 376C, Section 376D, Section 376DA, Section 376DB, or Section 376E of the Indian Penal Code shall be disposed of within a period of six months from the date of filing under Section 374(4) of the Code of Criminal Procedure, 1973.Act text: “the appeal shall be disposed of within a period of six months from the date of filing of such appeal.”
Under BNSS 415
  • An appeal filed against a sentence passed under Section 64, Section 65, Section 66, Section 67, Section 68, Section 70, or Section 71 of the Bharatiya Nyaya Sanhita, 2023 shall be disposed of within a period of six months from the date of filing under Section 415(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023.Act text: “the appeal shall be disposed of within a period of six months from the date of filing of such appeal.”

What CrPC 374 to BNSS 415 Means in Practice

Under Section 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the rules for appeals to the Supreme Court and the High Court are unchanged from Section 374 of the Code of Criminal Procedure, 1973. Under Section 415(3) BNSS, appeals to the Court of Session omit trials held by a Metropolitan Magistrate or an Assistant Sessions Judge, and refer to Section 364 BNSS and Section 401 BNSS instead of Section 325 CrPC and Section 360 CrPC. The six-month disposal period in Section 415(4) BNSS remains unchanged.

FAQs: CrPC 374 to BNSS 415

What changed in the list of courts whose convictions are appealable to the Court of Session?▼

Under Section 374(3)(a) of the Code of Criminal Procedure, 1973, a person convicted on a trial held by a Metropolitan Magistrate, an Assistant Sessions Judge, or a Magistrate of the first class or of the second class could appeal to the Court of Session. Section 415(3)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 removes the words referring to a Metropolitan Magistrate or an Assistant Sessions Judge, so the clause covers trials held by a Magistrate of the first class or of the second class.

Did the rules for appealing to the Supreme Court or the High Court change between Section 374 CrPC and Section 415 BNSS?▼

No. Both Section 374(1) of the Code of Criminal Procedure, 1973 and Section 415(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 allow an appeal to the Supreme Court from a conviction by a High Court in its extraordinary original criminal jurisdiction. Both Section 374(2) CrPC and Section 415(2) BNSS allow an appeal to the High Court from a conviction by a Sessions Judge, an Additional Sessions Judge, or any other court where imprisonment for more than seven years was passed at the same trial.

How did the six-month appeal disposal rule in Section 374(4) CrPC change in Section 415(4) BNSS?▼

The six-month disposal limit from the date of filing is unchanged. Section 374(4) of the Code of Criminal Procedure, 1973 applied this rule to appeals against sentences under Section 376, Section 376A, Section 376AB, Section 376B, Section 376C, Section 376D, Section 376DA, Section 376DB, or Section 376E of the Indian Penal Code. Section 415(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 makes a change of form by substituting Section 64, Section 65, Section 66, Section 67, Section 68, Section 70, or Section 71 of the Bharatiya Nyaya Sanhita, 2023.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·