Section 390 BNSS: Appeals from convictions under sections 383, 384, 388 and 389
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 390 BNSS at a Glance
Section 390 BNSS deals with appeals from convictions under sections 383, 384, 388 and 389. It replaced Section 351 CrPC on 1 July 2024.
Section 390 BNSS Bare Act Text
(1) Any person sentenced by any Court other than a High Court under section 383, section 384, section 388, or section 389 may, notwithstanding anything contained in this Sanhita appeal to the Court to which decrees or orders made in such Court are ordinarily appealable.
(2) The provisions of Chapter XXXI shall, so far as they are applicable, apply to appeals under this section, and the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against.
(3) An appeal from such conviction by a Court of Small Causes shall lie to the Court of Session for the sessions division within which such Court is situate.
(4) An appeal from such conviction by any Registrar or Sub-Registrar deemed to be a Civil Court by virtue of a direction issued under section 386 shall lie to the Court of Session for the sessions division within which the office of such Registrar or Sub-Registrar is situate.
Source: Section 390, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 390 BNSS in Simple Words
Section 390 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that any person sentenced by any Court other than a High Court under Section 383 BNSS, Section 384 BNSS, Section 388 BNSS or Section 389 BNSS may, notwithstanding anything contained in the Sanhita, appeal to the Court to which decrees or orders made in such Court are ordinarily appealable.
The Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against.
When Section 390 BNSS Applies
- Under Section 390(1) BNSS, any person sentenced by any Court other than a High Court under Section 383 BNSS, Section 384 BNSS, Section 388 BNSS or Section 389 BNSS may appeal, notwithstanding anything contained in the Sanhita.
- Section 390(1) BNSS gives the appeal to the Court to which decrees or orders made in such Court are ordinarily appealable.
- Under Section 390(2) BNSS, the provisions of Chapter XXXI apply to such appeals so far as they are applicable, and the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against.
- Under Section 390(3) BNSS, an appeal from such conviction by a Court of Small Causes lies to the Court of Session for the sessions division within which such Court is situate.
- Under Section 390(4) BNSS, an appeal from such conviction by any Registrar or Sub-Registrar deemed to be a Civil Court by virtue of a direction issued under Section 386 BNSS lies to the Court of Session for the sessions division within which the office of such Registrar or Sub-Registrar is situate.
Example of Section 390 BNSS
When Section 390 BNSS Does Not Apply
- Section 390(1) BNSS speaks of a person sentenced by a Court other than a High Court. It does not deal with a person sentenced by a High Court under Section 383 BNSS, Section 384 BNSS, Section 388 BNSS or Section 389 BNSS.
- Section 390(1) BNSS speaks of a sentence under Section 383 BNSS, Section 384 BNSS, Section 388 BNSS or Section 389 BNSS. It does not deal with appeals from convictions generally, which are the subject of Section 415 BNSS, headed Appeals from convictions.
Section 390 BNSS in the CrPC (Previous Law)
Section 390 BNSS replaced Section 351 CrPC from 1 July 2024.
From 1 July 2024, Section 390 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 351 of the Code of Criminal Procedure, 1973. The changes are the renumbered cross-references: Section 383 BNSS, Section 384 BNSS, Section 388 BNSS and Section 389 BNSS for Section 344 CrPC, Section 345 CrPC, Section 349 CrPC and Section 350 CrPC, Chapter XXXI for Chapter XXIX, and Section 386 BNSS for Section 347 CrPC. Section 390(1) BNSS also reads this Sanhita where Section 351(1) CrPC read this Code. Section 390(3) BNSS has the same text as Section 351(3) CrPC.
Each sub-section below names its own source.
FAQs on Section 390 BNSS
Who may appeal under Section 390 BNSS?▼
Under Section 390(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, any person sentenced by any Court other than a High Court under Section 383 BNSS, Section 384 BNSS, Section 388 BNSS or Section 389 BNSS may, notwithstanding anything contained in the Sanhita, appeal to the Court to which decrees or orders made in such Court are ordinarily appealable.
Which Court hears the appeal when a Court of Small Causes passes the sentence under Section 390 BNSS?▼
Under Section 390(3) BNSS, an appeal from such conviction by a Court of Small Causes lies to the Court of Session for the sessions division within which such Court is situate.
What may the Appellate Court do under Section 390 BNSS?▼
Under Section 390(2) BNSS, the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against. The provisions of Chapter XXXI apply to such appeals so far as they are applicable.
What changed from Section 351 CrPC to Section 390 BNSS from 1 July 2024?▼
From 1 July 2024, Section 390 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 351 of the Code of Criminal Procedure, 1973. The heading is the same apart from the renumbered sections. Section 390 BNSS names Section 383 BNSS, Section 384 BNSS, Section 388 BNSS and Section 389 BNSS where Section 351 CrPC named Section 344 CrPC, Section 345 CrPC, Section 349 CrPC and Section 350 CrPC. Section 390(2) BNSS refers to Chapter XXXI where Section 351(2) CrPC referred to Chapter XXIX. Section 390(4) BNSS refers to a direction issued under Section 386 BNSS where Section 351(4) CrPC referred to a direction issued under Section 347 CrPC. Section 390(1) BNSS reads this Sanhita where Section 351(1) CrPC read this Code.
Section 390 BNSS: Sub-sections Explained
Section 390(1) BNSS: Appeals from convictions under sections 344, 345, 349 and 350
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Bare Act Text
(1) Any person sentenced by any Court other than a High Court under section 383, section 384, section 388, or section 389 may, notwithstanding anything contained in this Sanhita appeal to the Court to which decrees or orders made in such Court are ordinarily appealable.
Section 390(2) BNSS: Appeals from convictions under sections 344, 345, 349 and 350
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Bare Act Text
(2) The provisions of Chapter XXXI shall, so far as they are applicable, apply to appeals under this section, and the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against.
Section 390(3) BNSS: Appeals from convictions under sections 344, 345, 349 and 350
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Bare Act Text
(3) An appeal from such conviction by a Court of Small Causes shall lie to the Court of Session for the sessions division within which such Court is situate.
Section 390(4) BNSS: Appeals from convictions under sections 344, 345, 349 and 350
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Bare Act Text
(4) An appeal from such conviction by any Registrar or Sub-Registrar deemed to be a Civil Court by virtue of a direction issued under section 386 shall lie to the Court of Session for the sessions division within which the office of such Registrar or Sub-Registrar is situate.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·