CrPC 378→BNSS 419

CrPC 378 to BNSS 419: Appeal in case of acquittal

Section 378 CrPC (1973) replaced by Section 419 BNSS (2023)

View CrPC Section 378 →View BNSS Section 419 →

CrPC 378 to BNSS 419 at a Glance

Section 378 CrPC (Appeal in case of acquittal) is now Section 419 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 378 to BNSS 419?

Section 378 of the Code of Criminal Procedure, 1973 became Section 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Renumbering the provision, replacing the word Code with Sanhita in Section 419(2) BNSS, and changing in any case to in a case are changes of form. Section 419(2) BNSS omits the separate reference to the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946, referring instead to any agency empowered to investigate an offence under any Central Act other than the Sanhita. Because Section 378(2) CrPC spoke of the Delhi Special Police Establishment or any other agency empowered to make investigation into an offence under any Central Act, the Code itself treated that Establishment as one such agency, so dropping the separate reference is a change of form. All other rules and time limits remain unchanged.

CrPC 378 vs BNSS 419: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section378419
HeadingAppeal in case of acquittalSame
Sub-sections6 sub-sectionsSame

CrPC 378 and BNSS 419: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 378, CrPC 1973

378. Appeal in case of acquittal.—(1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5),— (a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence; (b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court [not being an order under clause (a)] or an order of acquittal passed by the Court of Session in revision. (2) If such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, the Central Government may, subject to the provisions of sub-section (3), also direct the Public Prosecutor to present an appeal— (a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence; (b) to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court [not being an order under clause (a)] or an order of acquittal passed by the Court of Session in revision. (3) No appeal to the High Court under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court. (4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court. (5) No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal. (6) If, in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1) or under sub-section (2).
BNSS 2023 (in force)

Section 419, BNSS 2023

419. Appeal in case of acquittal.—(1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5),— (a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence; (b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision. (2) If such an order of acquittal is passed in a case in which the offence has been investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita, the Central Government may, subject to the provisions of sub-section (3), also direct the Public Prosecutor to present an appeal— (a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence; (b) to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision. (3) No appeal to the High Court under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court. (4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court. (5) No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal. (6) If, in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1) or under sub-section (2).

When It Applies: CrPC 378 vs BNSS 419

Under CrPC 378
  1. The District Magistrate may instruct the Public Prosecutor to file an appeal before the Court of Session when a Magistrate acquits a person of a cognizable and non-bailable offence under Section 378(1)(a) of the Code of Criminal Procedure, 1973.
  2. The State Government may under Section 378(1)(b) CrPC instruct the Public Prosecutor to appeal to the High Court against an original or appellate acquittal by any Court below the High Court not falling under Section 378(1)(a) CrPC, or against an acquittal passed by the Court of Session in revision.
  3. When an acquittal occurs in a case investigated by the Delhi Special Police Establishment or another agency empowered under a Central Act other than the Code, the Central Government may under Section 378(2) CrPC direct the Public Prosecutor to appeal to the Court of Session for a Magistrate's acquittal in a cognizable and non-bailable offence, or to the High Court for other lower-court original, appellate, or Court of Session revisional acquittals.
  4. An appeal directed by the State Government or the Central Government to the High Court under Section 378(1) CrPC or Section 378(2) CrPC shall not be entertained without the leave of the High Court under Section 378(3) CrPC.
  5. In a case instituted upon complaint, the complainant may apply to the High Court for special leave to appeal from the acquittal and may present the appeal to the High Court if special leave is granted under Section 378(4) CrPC.
Under BNSS 419
  1. The District Magistrate may instruct the Public Prosecutor to file an appeal before the Court of Session when a Magistrate acquits a person of a cognizable and non-bailable offence under Section 419(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  2. The State Government may under Section 419(1)(b) BNSS instruct the Public Prosecutor to appeal to the High Court against an original or appellate acquittal by any Court below the High Court not falling under Section 419(1)(a) BNSS, or against an acquittal passed by the Court of Session in revision.
  3. When an acquittal is passed in a case where the offence was investigated by any agency empowered to investigate under any Central Act other than the Sanhita, the Central Government may under Section 419(2) BNSS direct the Public Prosecutor to appeal to the Court of Session for a Magistrate's acquittal in a cognizable and non-bailable offence, or to the High Court for other lower-court original, appellate, or Court of Session revisional acquittals.
  4. An appeal directed by the State Government or the Central Government to the High Court under Section 419(1) BNSS or Section 419(2) BNSS shall not be entertained without the leave of the High Court under Section 419(3) BNSS.
  5. In a case instituted upon complaint, the complainant may apply to the High Court for special leave to appeal from the acquittal and may present the appeal to the High Court if special leave is granted under Section 419(4) BNSS.

Time Limits: CrPC 378 to BNSS 419

Under CrPC 378
  • Where the complainant is a public servant, the High Court shall not entertain an application under Section 378(4) of the Code of Criminal Procedure, 1973 for special leave to appeal after six months from the date of the order of acquittal under Section 378(5) CrPC.Act text: “after the expiry of six months, where the complainant is a public servant”
  • Where the complainant is not a public servant, the High Court shall not entertain an application under Section 378(4) CrPC for special leave to appeal after sixty days from the date of the order of acquittal under Section 378(5) CrPC.Act text: “and sixty days in every other case, computed from the date of that order of acquittal.”
Under BNSS 419
  • Where the complainant is a public servant, the High Court shall not entertain an application under Section 419(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 for special leave to appeal after six months from the date of the order of acquittal under Section 419(5) BNSS.Act text: “after the expiry of six months, where the complainant is a public servant”
  • Where the complainant is not a public servant, the High Court shall not entertain an application under Section 419(4) BNSS for special leave to appeal after sixty days from the date of the order of acquittal under Section 419(5) BNSS.Act text: “and sixty days in every other case, computed from the date of that order of acquittal.”

What CrPC 378 to BNSS 419 Means in Practice

From 1 July 2024, the provision governing appeals against orders of acquittal is found in Section 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023 instead of Section 378 of the Code of Criminal Procedure, 1973. The division of appeals between the Court of Session and the High Court, the requirement of High Court leave or special leave, the time limits of six months and sixty days, and the Central Government's power in Central Act investigations remain unchanged.

FAQs: CrPC 378 to BNSS 419

Where is Section 378 CrPC found from 1 July 2024?▼

From 1 July 2024, the Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023, and Section 378 CrPC is found in Section 419 BNSS. Each of its six sub-sections maps directly to the corresponding sub-section of Section 419 BNSS, from Section 419(1) BNSS through Section 419(6) BNSS.

How did the wording for Central Government appeals change between Section 378(2) CrPC and Section 419(2) BNSS?▼

Section 378(2) of the Code of Criminal Procedure, 1973 expressly named the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 alongside any other agency empowered to investigate an offence under any Central Act other than the Code. Section 419(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 omits the separate reference to the Delhi Special Police Establishment and applies to any agency empowered to investigate under any Central Act other than the Sanhita. Because Section 378(2) CrPC spoke of the Delhi Special Police Establishment or any other agency empowered to make investigation into an offence under any Central Act, the Code itself treated that Establishment as one such agency, so dropping the separate reference is a change of form.

Did the time limits or leave requirements for appeals against acquittal change in Section 419 BNSS?▼

No. The requirement of leave of the High Court for government appeals under Section 419(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the requirement of special leave for a complainant under Section 419(4) BNSS, and the time limits of six months for a public servant and sixty days in every other case under Section 419(5) BNSS are unchanged from Section 378(3), Section 378(4), and Section 378(5) of the Code of Criminal Procedure, 1973.

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 ·