CrPC 376 to BNSS 417: No appeal in petty cases
Section 376 CrPC (1973) replaced by Section 417 BNSS (2023)
CrPC 376 to BNSS 417 at a Glance
Section 376 CrPC (No appeal in petty cases) is now Section 417 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 376 to BNSS 417?
From 1 July 2024, Section 417 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 376 of the Code of Criminal Procedure, 1973, with the same heading. Section 417(a) BNSS reads imprisonment for a term not exceeding three months where Section 376(a) CrPC read imprisonment for a term not exceeding six months. Section 417(b) BNSS reads a Court of Session where Section 376(b) CrPC read a Court of Session or a Metropolitan Magistrate. Section 417 BNSS refers to Section 415 BNSS where Section 376 CrPC referred to Section 374 CrPC, and Section 417(d) BNSS refers to Section 283 BNSS where Section 376(d) CrPC referred to Section 260 CrPC. The other words of Section 417 BNSS, including the amounts of fine and the proviso, are the same as in Section 376 CrPC.
CrPC 376 vs BNSS 417: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 376 | 417 |
| Heading | No appeal in petty cases | Same |
| Cross-references | s.374, s.260 | s.415, s.283 |
CrPC 376 and BNSS 417: Bare Act Text Side by Side
Section 376, CrPC 1973
Section 417, BNSS 2023
When It Applies: CrPC 376 vs BNSS 417
- Under Section 376(a) CrPC, there shall be no appeal by a convicted person where a High Court passes only a sentence of imprisonment for a term not exceeding six months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine.
- Under Section 376(b) CrPC, there shall be no appeal by a convicted person where a Court of Session or a Metropolitan Magistrate passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine.
- Under Section 376(c) CrPC, there shall be no appeal by a convicted person where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees.
- Under Section 376(d) CrPC, there shall be no appeal by a convicted person where, in a case tried summarily, a Magistrate empowered to act under Section 260 CrPC passes only a sentence of fine not exceeding two hundred rupees.
- The proviso to Section 376 CrPC says that an appeal may be brought against any such sentence if any other punishment is combined with it.
- The proviso to Section 376 CrPC says that such a sentence shall not be appealable merely on the ground that the person convicted is ordered to furnish security to keep the peace, or that a direction for imprisonment in default of payment of fine is included in the sentence.
- Under Section 417(a) BNSS, there shall be no appeal by a convicted person where a High Court passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine.
- Under Section 417(b) BNSS, there shall be no appeal by a convicted person where a Court of Session passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine.
- Under Section 417(c) BNSS, there shall be no appeal by a convicted person where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees.
- Under Section 417(d) BNSS, there shall be no appeal by a convicted person where, in a case tried summarily, a Magistrate empowered to act under Section 283 BNSS passes only a sentence of fine not exceeding two hundred rupees.
- The proviso to Section 417 BNSS says that an appeal may be brought against any such sentence if any other punishment is combined with it.
- The proviso to Section 417 BNSS says that such a sentence shall not be appealable merely on the ground that the person convicted is ordered to furnish security to keep the peace, or that a direction for imprisonment in default of payment of fine is included in the sentence.
Time Limits: CrPC 376 to BNSS 417
- Section 376(a) CrPC speaks of a High Court sentence of imprisonment for a term not exceeding six months.Act text: “imprisonment for a term not exceeding six months”
- Section 376(b) CrPC speaks of a sentence of imprisonment for a term not exceeding three months by a Court of Session or a Metropolitan Magistrate.Act text: “imprisonment for a term not exceeding three months”
- Section 417(a) BNSS speaks of a High Court sentence of imprisonment for a term not exceeding three months.Act text: “where a High Court passes only a sentence of imprisonment for a term not exceeding three months”
- Section 417(b) BNSS speaks of a Court of Session sentence of imprisonment for a term not exceeding three months.Act text: “a Court of Session passes only a sentence of imprisonment for a term not exceeding three months”
What CrPC 376 to BNSS 417 Means in Practice
FAQs: CrPC 376 to BNSS 417
How does Section 417(a) BNSS differ from Section 376(a) CrPC?▼
Section 376(a) of the Code of Criminal Procedure, 1973 read where a High Court passes only a sentence of imprisonment for a term not exceeding six months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine. Section 417(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads imprisonment for a term not exceeding three months, with the same fine of one thousand rupees.
How does Section 417(b) BNSS differ from Section 376(b) CrPC?▼
Section 376(b) of the Code of Criminal Procedure, 1973 read where a Court of Session or a Metropolitan Magistrate passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine. Section 417(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads where a Court of Session passes only that sentence.
Which cross-references differ between Section 376 CrPC and Section 417 BNSS?▼
Section 417 of the Bharatiya Nagarik Suraksha Sanhita, 2023 refers to Section 415 BNSS where Section 376 of the Code of Criminal Procedure, 1973 referred to Section 374 CrPC. Section 417(d) BNSS refers to Section 283 BNSS where Section 376(d) CrPC referred to Section 260 CrPC.
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: 22 Oct 2026 ·