CrPC 385→BNSS 426

CrPC 385 to BNSS 426: Procedure for hearing appeals not dismissed summarily

Section 385 CrPC (1973) replaced by Section 426 BNSS (2023)

View CrPC Section 385 →View BNSS Section 426 →

CrPC 385 to BNSS 426 at a Glance

Section 385 CrPC (Procedure for hearing appeals not dismissed summarily) is now Section 426 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 385 to BNSS 426?

Section 385 CrPC became Section 426 BNSS from 1 July 2024. The heading is the same. The text is the same except for advocate in place of pleader and the renumbered cross-reference to Section 418 BNSS and Section 419 BNSS.

CrPC 385 vs BNSS 426: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section385426
HeadingProcedure for hearing appeals not dismissed summarilySame
Sub-sections3 sub-sectionsSame
Cross-referencess.377s.418

CrPC 385 and BNSS 426: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 385, CrPC 1973

385. Procedure for hearing appeals not dismissed summarily.—(1) If the Appellate Court does not dismiss the appeal summarily, it shall cause notice of the time and place at which such appeal will be heard to be given— (i) to the appellant or his pleader; (ii) to such officer as the State Government may appoint in this behalf; (iii) if the appeal is from a judgment of conviction in a case instituted upon complaint, to the complainant; (iv) if the appeal is under section 377 or section 378, to the accused, and shall also furnish such officer, complainant and accused with a copy of the grounds of appeal. (2) The Appellate Court shall then send for the record of the case, if such record is not already available in that Court, and hear the parties: Provided that if the appeal is only as to the extent or the legality of the sentence, the Court may dispose of the appeal without sending for the record. (3) Where the only ground for appeal from a conviction is the alleged severity of the sentence, the appellant shall not, except with the leave of the Court, urge or be heard in support of any other ground.
BNSS 2023 (in force)

Section 426, BNSS 2023

426. Procedure for hearing appeals not dismissed summarily.—(1) If the Appellate Court does not dismiss the appeal summarily, it shall cause notice of the time and place at which such appeal will be heard to be given— (i) to the appellant or his advocate; (ii) to such officer as the State Government may appoint in this behalf; (iii) if the appeal is from a judgment of conviction in a case instituted upon complaint, to the complainant; (iv) if the appeal is under section 418 or section 419, to the accused, and shall also furnish such officer, complainant and accused with a copy of the grounds of appeal. (2) The Appellate Court shall then send for the record of the case, if such record is not already available in that Court, and hear the parties: Provided that if the appeal is only as to the extent or the legality of the sentence, the Court may dispose of the appeal without sending for the record. (3) Where the only ground for appeal from a conviction is the alleged severity of the sentence, the appellant shall not, except with the leave of the Court, urge or be heard in support of any other ground.

When It Applies: CrPC 385 vs BNSS 426

Under CrPC 385
  1. Notice of the time and place at which the appeal will be heard shall be given to the appellant or his pleader and to such officer as the State Government may appoint in this behalf.
  2. If the appeal is from a judgment of conviction in a case instituted upon complaint, notice shall also be given to the complainant.
  3. If the appeal is under Section 377 CrPC or Section 378 CrPC, notice shall also be given to the accused, and the officer, complainant and accused shall also be furnished with a copy of the grounds of appeal.
  4. The Appellate Court shall then send for the record of the case, if such record is not already available in that Court, and hear the parties.
  5. If the appeal is only as to the extent or the legality of the sentence, the Court may dispose of the appeal without sending for the record.
  6. Where the only ground for appeal from a conviction is the alleged severity of the sentence, the appellant shall not, except with the leave of the Court, urge or be heard in support of any other ground.
Under BNSS 426
  1. Notice of the time and place at which the appeal will be heard shall be given to the appellant or his advocate and to such officer as the State Government may appoint in this behalf.
  2. If the appeal is from a judgment of conviction in a case instituted upon complaint, notice shall also be given to the complainant.
  3. If the appeal is under Section 418 BNSS or Section 419 BNSS, notice shall also be given to the accused, and the officer, complainant and accused shall also be furnished with a copy of the grounds of appeal.
  4. The Appellate Court shall then send for the record of the case, if such record is not already available in that Court, and hear the parties.
  5. If the appeal is only as to the extent or the legality of the sentence, the Court may dispose of the appeal without sending for the record.
  6. Where the only ground for appeal from a conviction is the alleged severity of the sentence, the appellant shall not, except with the leave of the Court, urge or be heard in support of any other ground.

What CrPC 385 to BNSS 426 Means in Practice

From 1 July 2024 the procedure for hearing appeals not dismissed summarily is found in Section 426 BNSS. Section 426(1) BNSS refers to Section 418 BNSS or Section 419 BNSS where Section 385(1) CrPC referred to Section 377 CrPC or Section 378 CrPC.

FAQs: CrPC 385 to BNSS 426

Where is Section 385 CrPC found from 1 July 2024?▼

Section 385 CrPC is found in Section 426 BNSS. The heading is the same, and the text is the same except for advocate in place of pleader and one renumbered cross-reference.

Which cross-reference was renumbered from Section 385 CrPC to Section 426 BNSS?▼

Section 426(1) BNSS refers to Section 418 BNSS or Section 419 BNSS where Section 385(1) CrPC referred to Section 377 CrPC or Section 378 CrPC.

Which word differs between Section 385 CrPC and Section 426 BNSS?▼

Section 426(1) BNSS reads advocate where Section 385(1) CrPC read pleader.

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: 20 Oct 2026 ·