CrPC 386 to BNSS 427: Powers of the Appellate Court
Section 386 CrPC (1973) replaced by Section 427 BNSS (2023)
CrPC 386 to BNSS 427 at a Glance
Section 386 CrPC (Powers of the Appellate Court) is now Section 427 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 386 to BNSS 427?
From 1 July 2024, Section 427 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 386 of the Code of Criminal Procedure, 1973. Section 427 BNSS reads his advocate where Section 386 CrPC read his pleader. Section 427 BNSS refers to Section 418 BNSS and Section 419 BNSS where Section 386 CrPC referred to Section 377 CrPC and Section 378 CrPC.
CrPC 386 vs BNSS 427: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 386 | 427 |
| Heading | Powers of the Appellate Court | Powers of Appellate Court |
| Cross-references | s.377 | s.418 |
CrPC 386 and BNSS 427: Bare Act Text Side by Side
CrPC 1973 (repealed)
Section 386, CrPC 1973
386. Powers of the Appellate Court.—After perusing such record and hearing the appellant or his pleader, if he appears, and the Public Prosecutor if he appears, and in case of an appeal under section 377 or section 378, the accused, if he appears, the Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may—
(a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law;
(b) in an appeal from a conviction—
(i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial, or
(ii) alter the finding, maintaining the sentence, or
(iii) with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, but not so as to enhance the same—
(c) in an appeal for enhancement of sentence—
(i) reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a Court competent to try the offence, or
(ii) alter the finding maintaining the sentence, or
(iii) with or without altering the finding, alter the nature or the extent, or, the nature and extent, of the sentence, so as to enhance or reduce the same;
(d) in an appeal from any other order, alter or reverse such order;
(e) make any amendment or any consequential or incidental order that may be just or proper:
Provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement:
Provided further that the Appellate Court shall not inflict greater punishment for the offence which in its opinion the accused has committed, than might have been inflicted for that offence by the Court passing the order or sentence under appeal.
BNSS 2023 (in force)
Section 427, BNSS 2023
427. Powers of Appellate Court.—After perusing such record and hearing the appellant or his advocate, if he appears, and the Public Prosecutor if he appears, and in case of an appeal under section 418 or section 419, the accused, if he appears, the Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may—
(a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law;
(b) in an appeal from a conviction—
(i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial; or
(ii) alter the finding, maintaining the sentence; or
(iii) with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, but not so as to enhance the same;
(c) in an appeal for enhancement of sentence—
(i) reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a Court competent to try the offence; or
(ii) alter the finding maintaining the sentence; or
(iii) with or without altering the finding, alter the nature or the extent, or, the nature and extent, of the sentence, so as to enhance or reduce the same;
(d) in an appeal from any other order, alter or reverse such order;
(e) make any amendment or any consequential or incidental order that may be just or proper:
Provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement:
Provided further that the Appellate Court shall not inflict greater punishment for the offence which in its opinion the accused has committed, than might have been inflicted for that offence by the Court passing the order or sentence under appeal.
When It Applies: CrPC 386 vs BNSS 427
Under CrPC 386
- Under Section 386 CrPC, the Appellate Court acts after perusing the record and hearing the appellant or his pleader, if he appears, and the Public Prosecutor if he appears.
- Under Section 386 CrPC, in case of an appeal under Section 377 CrPC or Section 378 CrPC, the accused is also heard, if he appears.
- Under Section 386 CrPC, the Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal.
- Under Section 386(a) CrPC, in an appeal from an order of acquittal, the Appellate Court may reverse such order and direct that further inquiry be made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law.
- Under Section 386(b) CrPC, in an appeal from a conviction, the Appellate Court may reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial, or alter the finding, maintaining the sentence, or alter the nature or the extent, or the nature and extent, of the sentence, but not so as to enhance the same.
- Under Section 386(c) CrPC, in an appeal for enhancement of sentence, the Appellate Court may reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a Court competent to try the offence, or alter the finding maintaining the sentence, or alter the nature or the extent, or the nature and extent, of the sentence, so as to enhance or reduce the same.
- Under Section 386(d) CrPC and Section 386(e) CrPC, the Appellate Court may, in an appeal from any other order, alter or reverse such order, and may make any amendment or any consequential or incidental order that may be just or proper.
Under BNSS 427
- Under Section 427 BNSS, the Appellate Court acts after perusing the record and hearing the appellant or his advocate, if he appears, and the Public Prosecutor if he appears.
- Under Section 427 BNSS, in case of an appeal under Section 418 BNSS or Section 419 BNSS, the accused is also heard, if he appears.
- Under Section 427 BNSS, the Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal.
- Under Section 427(a) BNSS, in an appeal from an order of acquittal, the Appellate Court may reverse such order and direct that further inquiry be made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law.
- Under Section 427(b) BNSS, in an appeal from a conviction, the Appellate Court may reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial, or alter the finding, maintaining the sentence, or alter the nature or the extent, or the nature and extent, of the sentence, but not so as to enhance the same.
- Under Section 427(c) BNSS, in an appeal for enhancement of sentence, the Appellate Court may reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a Court competent to try the offence, or alter the finding maintaining the sentence, or alter the nature or the extent, or the nature and extent, of the sentence, so as to enhance or reduce the same.
- Under Section 427(d) BNSS and Section 427(e) BNSS, the Appellate Court may, in an appeal from any other order, alter or reverse such order, and may make any amendment or any consequential or incidental order that may be just or proper.
What CrPC 386 to BNSS 427 Means in Practice
From 1 July 2024, the text on the powers of the Appellate Court is found in Section 427 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 386 of the Code of Criminal Procedure, 1973. Section 427 BNSS speaks of an advocate where Section 386 CrPC spoke of a pleader.
FAQs: CrPC 386 to BNSS 427
Which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 386 CrPC?▼
From 1 July 2024, Section 427 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 386 of the Code of Criminal Procedure, 1973.
How does the wording about the appellant's representative differ between Section 386 CrPC and Section 427 BNSS?▼
Section 386 of the Code of Criminal Procedure, 1973 reads hearing the appellant or his pleader, if he appears. Section 427 of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads hearing the appellant or his advocate, if he appears.
How do the cross-references in Section 427 BNSS differ from those in Section 386 CrPC?▼
Section 386 of the Code of Criminal Procedure, 1973 refers to an appeal under Section 377 CrPC or Section 378 CrPC. Section 427 of the Bharatiya Nagarik Suraksha Sanhita, 2023 refers to an appeal under Section 418 BNSS or Section 419 BNSS.
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: 26 Oct 2026 ·