Section 372 CrPC: No appeal to lie unless otherwise provided

Code of Criminal Procedure, 1973

Section 372 CrPC at a Glance

Section 372 CrPC deals with no appeal to lie unless otherwise provided. From 1 July 2024 it is replaced by Section 413 BNSS.

Now BNSS

Section 413 →

What Section 372 CrPC Says

372. No appeal to lie unless otherwise provided

No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force:

Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.

Source: Section 372, Code of Criminal Procedure, 1973

Section 372 CrPC in Simple Words

Section 372 of the Code of Criminal Procedure, 1973 sets out the rule that no appeal shall lie from any judgment or order of a Criminal Court unless the Code or another law for the time being in force provides for it.

An appeal in a criminal case therefore requires specific statutory authority.

However, the proviso to Section 372 CrPC gives a victim the right to prefer an appeal against an order acquitting the accused, convicting for a lesser offence, or imposing inadequate compensation, before the Court that ordinarily hears conviction appeals from that Court.

When Section 372 CrPC Applies

  • Under Section 372 of the Code of Criminal Procedure, 1973, no appeal shall lie from a judgment or order of a Criminal Court unless a provision in the Code or another law in force authorises that appeal.
  • The proviso to Section 372 CrPC states that a victim shall have a right to appeal against a Court order acquitting the accused or convicts the accused only of a lesser offence.
  • Under the proviso to Section 372 CrPC, a victim also has the right to appeal against a Court order imposing inadequate compensation.
  • A victim filing an appeal under the proviso to Section 372 CrPC must take it to the Court where an appeal shall ordinarily lie against an order of conviction of the Court that passed the order.

Example of Section 372 CrPC

Meera is the victim in a criminal trial where Rajesh is the accused. After hearing the case, the Criminal Court passes an order acquitting Rajesh. Under the main rule in Section 372 of the Code of Criminal Procedure, 1973, no appeal shall lie from any judgment or order of a Criminal Court unless provided by the Code or another law in force. However, the proviso to Section 372 CrPC gives a victim a right of appeal against certain orders. Because the order acquits the accused, Meera has a right under Section 372 CrPC to prefer an appeal to the Court where an appeal ordinarily lies against an order of conviction of that Court.

When Section 372 CrPC Does Not Apply

  • Section 372 of the Code of Criminal Procedure, 1973 does not apply where the judgment or order sought to be appealed is not passed by a Criminal Court.
  • The right to prefer an appeal under the proviso to Section 372 CrPC does not apply to a person who is not the victim.
  • The appeal right under the proviso to Section 372 CrPC does not apply when the order passed by the Court does not acquit the accused, convict for a lesser offence, or impose inadequate compensation.

Section 372 CrPC Under BNSS 413: What Changed

Section 372 CrPC is now covered under Section 413 BNSS.

Section 372 of the Code of Criminal Procedure, 1973 became Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Comparing the texts shows that the legal rule is unchanged in substance. The only differences between Section 372 CrPC and Section 413 BNSS are the renumbering of the section and the substitution of the word Sanhita for the word Code in the main clause. Both of these are changes of form. The general bar on appeals unless provided by law and the entire proviso governing the right of a victim to prefer an appeal are word for word the same.

View detailed comparison (CrPC 372 vs BNSS 413) →

FAQs on Section 372 CrPC

Is there an automatic right to appeal against every judgment or order of a Criminal Court under Section 372 CrPC?▼

No, there is no automatic right to appeal. Section 372 of the Code of Criminal Procedure, 1973 states that no appeal shall lie from any judgment or order of a Criminal Court except as provided for by the Code or by any other law for the time being in force. A party may appeal only when the Code or another law in force expressly provides for it.

When can a victim file an appeal under Section 372 CrPC?▼

The proviso to Section 372 CrPC states that the victim shall have a right to prefer an appeal against specific orders passed by the Court. A victim can exercise this right when the Court passes an order acquitting the accused, an order convicting the accused for a lesser offence, or an order imposing inadequate compensation. The proviso does not create a right for the victim to appeal against any other type of order.

Which Court hears an appeal filed by a victim under the proviso to Section 372 CrPC?▼

Under the proviso to Section 372 CrPC, an appeal preferred by a victim shall lie to the Court to which an appeal ordinarily lies against an order of conviction of the Court that passed the order. The victim does not file the appeal in a separate forum. Instead, whether the victim challenges an acquittal, a conviction for a lesser offence, or inadequate compensation, the appeal goes to the Court that ordinarily hears appeals against conviction from that Court.

Where is Section 372 CrPC found from 1 July 2024?▼

The Code was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. From 1 July 2024, the provision corresponding to Section 372 CrPC is found in Section 413 BNSS. Section 413 BNSS retains the same general rule that no appeal shall lie from any judgment or order of a Criminal Court unless provided by the Sanhita or another law in force, along with the same proviso giving the victim a right to appeal.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 18 Oct 2026 ·