CrPC 393→BNSS 434

CrPC 393 to BNSS 434: Finality of judgments and orders on appeal

Section 393 CrPC (1973) replaced by Section 434 BNSS (2023)

View CrPC Section 393 →View BNSS Section 434 →

CrPC 393 to BNSS 434 at a Glance

Section 393 CrPC (Finality of judgments and orders on appeal) is now Section 434 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 393 to BNSS 434?

From 1 July 2024, Section 434 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 393 of the Code of Criminal Procedure, 1973, with the same heading. Section 434 BNSS refers to Section 418 BNSS, Section 419 BNSS, Section 425(4) BNSS and Chapter XXXII of the Sanhita where Section 393 CrPC referred to Section 377 CrPC, Section 378 CrPC, Section 384(4) CrPC and Chapter XXX of the Code. The proviso to Section 434 BNSS refers to Section 419 BNSS and Section 418 BNSS where the proviso to Section 393 CrPC referred to Section 378 CrPC and Section 377 CrPC.

CrPC 393 vs BNSS 434: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section393434
HeadingFinality of judgments and orders on appealSame
Cross-referencess.377, s.378s.418, s.419

CrPC 393 and BNSS 434: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 393, CrPC 1973

393. Finality of judgments and orders on appeal.—Judgments and orders passed by an Appellate Court upon an appeal shall be final, except in the cases provided for in section 377, section 378, sub-section (4) of section 384 or Chapter XXX: Provided that notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits,— (a) an appeal against acquittal under section 378, arising out of the same case, or (b) an appeal for the enhancement of sentence under section 377, arising out of the same case.
BNSS 2023 (in force)

Section 434, BNSS 2023

434. Finality of judgments and orders on appeal.—Judgments and orders passed by an Appellate Court upon an appeal shall be final, except in the cases provided for in section 418, section 419, sub-section (4) of section 425 or Chapter XXXII: Provided that notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits,— (a) an appeal against acquittal under section 419, arising out of the same case; or (b) an appeal for the enhancement of sentence under section 418, arising out of the same case.

When It Applies: CrPC 393 vs BNSS 434

Under CrPC 393
  1. Under Section 393 CrPC, judgments and orders passed by an Appellate Court upon an appeal shall be final.
  2. Under Section 393 CrPC, the exceptions are the cases provided for in Section 377 CrPC, Section 378 CrPC, Section 384(4) CrPC or Chapter XXX of the Code of Criminal Procedure, 1973.
  3. Under the proviso to Section 393 CrPC, notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits, an appeal against acquittal under Section 378 CrPC, arising out of the same case.
  4. Under the proviso to Section 393 CrPC, the Appellate Court may also hear and dispose of, on the merits, an appeal for the enhancement of sentence under Section 377 CrPC, arising out of the same case.
Under BNSS 434
  1. Under Section 434 BNSS, judgments and orders passed by an Appellate Court upon an appeal shall be final.
  2. Under Section 434 BNSS, the exceptions are the cases provided for in Section 418 BNSS, Section 419 BNSS, Section 425(4) BNSS or Chapter XXXII of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  3. Under the proviso to Section 434 BNSS, notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits, an appeal against acquittal under Section 419 BNSS, arising out of the same case.
  4. Under the proviso to Section 434 BNSS, the Appellate Court may also hear and dispose of, on the merits, an appeal for the enhancement of sentence under Section 418 BNSS, arising out of the same case.

What CrPC 393 to BNSS 434 Means in Practice

From 1 July 2024, the text on the finality of judgments and orders on appeal is found in Section 434 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 393 of the Code of Criminal Procedure, 1973. Section 434 BNSS names Section 418 BNSS, Section 419 BNSS, Section 425(4) BNSS and Chapter XXXII of the Sanhita in the places where Section 393 CrPC named Section 377 CrPC, Section 378 CrPC, Section 384(4) CrPC and Chapter XXX of the Code.

FAQs: CrPC 393 to BNSS 434

Which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 393 CrPC?▼

From 1 July 2024, Section 434 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 393 of the Code of Criminal Procedure, 1973. Both carry the heading Finality of judgments and orders on appeal.

How do the cases named as exceptions differ between Section 434 BNSS and Section 393 CrPC?▼

Section 393 of the Code of Criminal Procedure, 1973 names the cases provided for in Section 377 CrPC, Section 378 CrPC, Section 384(4) CrPC and Chapter XXX of the Code. Section 434 of the Bharatiya Nagarik Suraksha Sanhita, 2023 names the cases provided for in Section 418 BNSS, Section 419 BNSS, Section 425(4) BNSS and Chapter XXXII of the Sanhita.

How do the section references in the proviso differ between Section 434 BNSS and Section 393 CrPC?▼

The proviso to Section 393 of the Code of Criminal Procedure, 1973 refers to an appeal against acquittal under Section 378 CrPC and an appeal for the enhancement of sentence under Section 377 CrPC. The proviso to Section 434 of the Bharatiya Nagarik Suraksha Sanhita, 2023 refers to an appeal against acquittal under Section 419 BNSS and an appeal for the enhancement of sentence under Section 418 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: 22 Oct 2026 ·