CrPC 381→BNSS 422

CrPC 381 to BNSS 422: Appeal to Court of Session how heard

Section 381 CrPC (1973) replaced by Section 422 BNSS (2023)

View CrPC Section 381 →View BNSS Section 422 →

CrPC 381 to BNSS 422 at a Glance

Section 381 CrPC (Appeal to Court of Session how heard) is now Section 422 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 381 to BNSS 422?

From 1 July 2024, Section 422 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 381 of the Code of Criminal Procedure, 1973, with the same heading. The proviso to Section 422(1) BNSS reads the Chief Judicial Magistrate where the proviso to Section 381(1) CrPC read an Assistant Sessions Judge or a Chief Judicial Magistrate. Section 422(2) BNSS does not name an Assistant Sessions Judge, which Section 381(2) CrPC named.

CrPC 381 vs BNSS 422: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section381422
HeadingAppeal to Court of Session how heardSame
Sub-sections2 sub-sectionsSame

CrPC 381 and BNSS 422: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 381, CrPC 1973

381. Appeal to Court of Session how heard.—(1) Subject to the provisions of sub-section (2), an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge: Provided that an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by an Assistant Sessions Judge or a Chief Judicial Magistrate. (2) An Additional Sessions Judge, Assistant Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him or as the High Court may, by special order, direct him to hear.
BNSS 2023 (in force)

Section 422, BNSS 2023

422. Appeal to Court of Session how heard.—(1) Subject to the provisions of sub-section (2), an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge: Provided that an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by the Chief Judicial Magistrate. (2) An Additional Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him or as the High Court may, by special order, direct him to hear.

When It Applies: CrPC 381 vs BNSS 422

Under CrPC 381
  1. Under Section 381(1) CrPC, subject to Section 381(2) CrPC, an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge.
  2. The proviso to Section 381(1) CrPC says that an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by an Assistant Sessions Judge or a Chief Judicial Magistrate.
  3. Under Section 381(2) CrPC, an Additional Sessions Judge, Assistant Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him.
  4. Under Section 381(2) CrPC, the appeals that an Additional Sessions Judge, Assistant Sessions Judge or a Chief Judicial Magistrate shall hear are only those that the Sessions Judge of the division may make over by general or special order, or that the High Court may, by special order, direct that judge to hear.
Under BNSS 422
  1. Under Section 422(1) BNSS, subject to Section 422(2) BNSS, an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge.
  2. The proviso to Section 422(1) BNSS says that an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by the Chief Judicial Magistrate.
  3. Under Section 422(2) BNSS, an Additional Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him.
  4. Under Section 422(2) BNSS, the appeals that an Additional Sessions Judge or a Chief Judicial Magistrate shall hear are only those that the Sessions Judge of the division may make over by general or special order, or that the High Court may, by special order, direct that judge to hear.

What CrPC 381 to BNSS 422 Means in Practice

From 1 July 2024, the text on how an appeal to the Court of Session is heard is found in Section 422 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 381 of the Code of Criminal Procedure, 1973. Neither the proviso to Section 422(1) BNSS nor Section 422(2) BNSS names an Assistant Sessions Judge.

FAQs: CrPC 381 to BNSS 422

Which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 381 CrPC?▼

From 1 July 2024, Section 422 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 381 of the Code of Criminal Procedure, 1973. Both carry the heading Appeal to Court of Session how heard. Section 381(1) CrPC is found in Section 422(1) BNSS and Section 381(2) CrPC in Section 422(2) BNSS.

How does the proviso to Section 422(1) BNSS differ from the proviso to Section 381(1) CrPC?▼

The proviso to Section 381(1) of the Code of Criminal Procedure, 1973 read may be heard and disposed of by an Assistant Sessions Judge or a Chief Judicial Magistrate. The proviso to Section 422(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads may be heard and disposed of by the Chief Judicial Magistrate.

How does Section 422(2) BNSS differ from Section 381(2) CrPC?▼

Section 381(2) of the Code of Criminal Procedure, 1973 read An Additional Sessions Judge, Assistant Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals. Section 422(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads An Additional Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals.

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 ·