Section 341 CrPC: Appeal

Code of Criminal Procedure, 1973

Section 341 CrPC at a Glance

Section 341 CrPC deals with appeal. From 1 July 2024 it is replaced by Section 380 BNSS.

Now BNSS

Section 380 →

What Section 341 CrPC Says

341. Appeal

(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 340, 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 195, 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 340, 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 340, shall be final, and shall not be subject to revision.

Source: Section 341, Code of Criminal Procedure, 1973

Section 341 CrPC in Simple Words

Section 341 of the Code of Criminal Procedure, 1973 is about an appeal where a Court other than a High Court has refused to make a complaint under Section 340(1) CrPC or Section 340(2) CrPC, 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 195(4) CrPC.

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 340 CrPC. An order under Section 341 CrPC, and subject to any such order an order under Section 340 CrPC, shall be final and shall not be subject to revision.

When Section 341 CrPC Applies

  • A person on whose application a Court other than a High Court has refused to make a complaint under Section 340(1) CrPC or Section 340(2) CrPC 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 195(4) CrPC.
  • 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 340 CrPC.
  • An order under Section 341 CrPC, and subject to any such order an order under Section 340 CrPC, shall be final and shall not be subject to revision.

Example of Section 341 CrPC

On the application of Ramesh, a Court other than a High Court refuses to make a complaint under Section 340(1) CrPC. Ramesh may appeal to the Court to which that Court is subordinate within the meaning of Section 195(4) CrPC. 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 340 CrPC.

When Section 341 CrPC Does Not Apply

  • Section 341 CrPC 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 340 CrPC is titled Procedure in cases mentioned in section 195.

Section 341 CrPC Under BNSS 380: What Changed

Section 341 CrPC is now covered under Section 380 BNSS.

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.

View detailed comparison (CrPC 341 vs BNSS 380) →

FAQs on Section 341 CrPC

Who may appeal under Section 341 CrPC?▼

A person on whose application a Court other than a High Court has refused to make a complaint under Section 340(1) CrPC or Section 340(2) CrPC, or against whom such a complaint has been made by such Court, may appeal.

Which Court hears an appeal under Section 341 CrPC and what may it direct?▼

The appeal lies to the Court to which the former Court is subordinate within the meaning of Section 195(4) CrPC. 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 340 CrPC. If it makes such complaint, the provisions of Section 340 CrPC shall apply accordingly.

Can an order under Section 341 CrPC be revised?▼

Section 341(2) CrPC says that an order under Section 341 CrPC, and subject to any such order an order under Section 340 CrPC, shall be final and shall not be subject to revision.

Where is Section 341 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

Section 341(1) CrPC is found in Section 380(1) BNSS and Section 341(2) CrPC in Section 380(2) BNSS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·