Section 351 CrPC: Appeals from convictions under sections 344, 345, 349 and 350

Code of Criminal Procedure, 1973

Section 351 CrPC at a Glance

Section 351 CrPC deals with appeals from convictions under sections 344, 345, 349 and 350. From 1 July 2024 it is replaced by Section 390 BNSS.

Now BNSS

Section 390 →

What Section 351 CrPC Says

351. Appeals from convictions under sections 344, 345, 349 and 350

(1) Any person sentenced by any Court other than a High Court under section 344, section 345, section 349, or section 350 may, notwithstanding anything contained in this Code appeal to the Court to which decrees or orders made in such Court are ordinarily appealable.

(2) The provisions of Chapter XXIX 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 347 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 351, Code of Criminal Procedure, 1973

Section 351 CrPC in Simple Words

Section 351 of the Code of Criminal Procedure, 1973 provides that any person sentenced by any Court other than a High Court under Section 344 CrPC, Section 345 CrPC, Section 349 CrPC or Section 350 CrPC may, notwithstanding anything contained in the Code, 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 351 CrPC Applies

  • Under Section 351(1) CrPC, any person sentenced by any Court other than a High Court under Section 344 CrPC, Section 345 CrPC, Section 349 CrPC or Section 350 CrPC may appeal, notwithstanding anything contained in the Code.
  • Section 351(1) CrPC gives the appeal to the Court to which decrees or orders made in such Court are ordinarily appealable.
  • Under Section 351(2) CrPC, the provisions of Chapter XXIX 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 351(3) CrPC, 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 351(4) CrPC, 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 347 CrPC 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 351 CrPC

Naveen is sentenced by a Magistrate's Court to a fine under Section 350 CrPC. Under Section 351(1) CrPC, Naveen may, notwithstanding anything contained in the Code of Criminal Procedure, 1973, appeal to the Court to which decrees or orders made in that Court are ordinarily appealable. Under Section 351(2) CrPC, the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against.

When Section 351 CrPC Does Not Apply

Section 351 CrPC Under BNSS 390: What Changed

Section 351 CrPC is now covered under Section 390 BNSS.

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.

View detailed comparison (CrPC 351 vs BNSS 390) →

FAQs on Section 351 CrPC

Who may appeal under Section 351 CrPC?▼

Under Section 351(1) of the Code of Criminal Procedure, 1973, any person sentenced by any Court other than a High Court under Section 344 CrPC, Section 345 CrPC, Section 349 CrPC or Section 350 CrPC may, notwithstanding anything contained in the Code, 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 351 CrPC?▼

Under Section 351(3) CrPC, 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 351 CrPC?▼

Under Section 351(2) CrPC, the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against. The provisions of Chapter XXIX apply to such appeals so far as they are applicable.

Where is Section 351 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 351(1) CrPC is found in Section 390(1) BNSS, Section 351(2) CrPC in Section 390(2) BNSS, Section 351(3) CrPC in Section 390(3) BNSS and Section 351(4) CrPC in Section 390(4) BNSS. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·