Section 380 BNSS: Appeal

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 380 BNSS at a Glance

Section 380 BNSS deals with appeal. It replaced Section 341 CrPC on 1 July 2024.

Was CrPC

Section 341 →

Section 380 BNSS Bare Act Text

(1) Any person on whose application any Court other than a High Court has refused to make a complaint under sub-section (1) or sub-section (2) of section 379, or against whom such a complaint has been made by such Court, may appeal to the Court to which such former Court is subordinate within the meaning of sub-section (4) of section 215, and the superior Court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint, or, as the case may be, making of the complaint which such former Court might have made under section 379, and, if it makes such complaint, the provisions of that section shall apply accordingly.

(2) An order under this section, and subject to any such order, an order under section 379, shall be final, and shall not be subject to revision.

Source: Section 380, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 380 BNSS in Simple Words

Section 380 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is about an appeal where a Court other than a High Court has refused to make a complaint under Section 379(1) BNSS or Section 379(2) BNSS, or has made such a complaint. The person on whose application the Court refused, or against whom the complaint was made, may appeal to the Court to which the former Court is subordinate within the meaning of Section 215(4) BNSS.

The superior Court may, after notice to the parties concerned, direct the withdrawal of the complaint, or the making of the complaint which the former Court might have made under Section 379 BNSS. An order under Section 380 BNSS, and subject to any such order an order under Section 379 BNSS, shall be final and shall not be subject to revision.

When Section 380 BNSS Applies

  • A person on whose application a Court other than a High Court has refused to make a complaint under Section 379(1) BNSS or Section 379(2) BNSS may appeal.
  • A person against whom such a complaint has been made by such Court may also appeal.
  • The appeal lies to the Court to which the former Court is subordinate within the meaning of Section 215(4) BNSS.
  • The superior Court may, after notice to the parties concerned, direct the withdrawal of the complaint, or the making of the complaint which the former Court might have made under Section 379 BNSS.
  • An order under Section 380 BNSS, and subject to any such order an order under Section 379 BNSS, shall be final and shall not be subject to revision.

Example of Section 380 BNSS

On the application of Ramesh, a Court other than a High Court refuses to make a complaint under Section 379(1) BNSS. Ramesh may appeal to the Court to which that Court is subordinate within the meaning of Section 215(4) BNSS. After notice to the parties concerned, the superior Court may direct the making of the complaint which the former Court might have made under Section 379 BNSS.

When Section 380 BNSS Does Not Apply

  • Section 380 BNSS speaks of an appeal against the refusal or the making of a complaint. It does not deal with the making of the complaint itself. Section 379 BNSS is titled Procedure in cases mentioned in section 215.

Section 380 BNSS in the CrPC (Previous Law)

Section 380 BNSS replaced Section 341 CrPC from 1 July 2024.

Section 341 CrPC and Section 380 BNSS have the same heading and the same text, except for renumbered cross-references. Section 380(1) BNSS refers to Section 379(1) BNSS, Section 379(2) BNSS, Section 379 BNSS and Section 215(4) BNSS where Section 341(1) CrPC referred to Section 340(1) CrPC, Section 340(2) CrPC, Section 340 CrPC and Section 195(4) CrPC. Section 380(2) BNSS refers to Section 379 BNSS where Section 341(2) CrPC referred to Section 340 CrPC.

Each sub-section below names its own source.

FAQs on Section 380 BNSS

Who may appeal under Section 380 BNSS?▼

A person on whose application a Court other than a High Court has refused to make a complaint under Section 379(1) BNSS or Section 379(2) BNSS, or against whom such a complaint has been made by such Court, may appeal.

Which Court hears an appeal under Section 380 BNSS and what may it direct?▼

The appeal lies to the Court to which the former Court is subordinate within the meaning of Section 215(4) BNSS. The superior Court may, after notice to the parties concerned, direct the withdrawal of the complaint, or the making of the complaint which the former Court might have made under Section 379 BNSS. If it makes such complaint, the provisions of Section 379 BNSS shall apply accordingly.

Can an order under Section 380 BNSS be revised?▼

Section 380(2) BNSS says that an order under Section 380 BNSS, and subject to any such order an order under Section 379 BNSS, shall be final and shall not be subject to revision.

What changed from Section 341 CrPC to Section 380 BNSS from 1 July 2024?▼

Section 380 BNSS has the same heading and the same text as Section 341 CrPC, except for renumbered cross-references. Section 380(1) BNSS refers to Section 379(1) BNSS, Section 379(2) BNSS, Section 379 BNSS and Section 215(4) BNSS where Section 341(1) CrPC referred to Section 340(1) CrPC, Section 340(2) CrPC, Section 340 CrPC and Section 195(4) CrPC. Section 380(2) BNSS refers to Section 379 BNSS where Section 341(2) CrPC referred to Section 340 CrPC.

Section 380 BNSS: Sub-sections Explained

Section 380(1) BNSS: Appeal

▶

Bare Act Text

(1) Any person on whose application any Court other than a High Court has refused to make a complaint under sub-section (1) or sub-section (2) of section 379, or against whom such a complaint has been made by such Court, may appeal to the Court to which such former Court is subordinate within the meaning of sub-section (4) of section 215, and the superior Court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint, or, as the case may be, making of the complaint which such former Court might have made under section 379, and, if it makes such complaint, the provisions of that section shall apply accordingly.

Previous Law

CrPC 341 → Section 380(1) BNSS

Section 380(2) BNSS: Appeal

▶

Bare Act Text

(2) An order under this section, and subject to any such order, an order under section 379, shall be final, and shall not be subject to revision.

Previous Law

CrPC 341(2) → Section 380(2) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·