Section 374 CrPC: Appeals from convictions

Code of Criminal Procedure, 1973

Section 374 CrPC at a Glance

Section 374 CrPC deals with appeals from convictions. From 1 July 2024 it is replaced by Section 415 BNSS.

Now BNSS

What Section 374 CrPC Says

374. Appeals from convictions
(1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.
(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other court in which a sentence of imprisonment for more than seven years has been passed against him or against any other person convicted at the same trial, may appeal to the High Court.
(3) Save as otherwise provided in sub-section (2), any person,—
(a) convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the first class, or of the second class, or (b) sentenced under section 325, or (c) in respect of whom an order has been made or a sentence has been passed under section 360 by any Magistrate, may appeal to the Court of Session.
(4) When an appeal has been filed against a sentence passed under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code (45 of 1860), the appeal shall be disposed of within a period of six months from the date of filing of such appeal.

Source: Section 374, Code of Criminal Procedure, 1973

Section 374 CrPC in Simple Words

Section 374 of the Code of Criminal Procedure, 1973 names the court to which a convicted person may appeal. Under Section 374(1) CrPC, any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court. Under Section 374(2) CrPC, any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge may appeal to the High Court. The same appeal lies to the High Court from a trial held by any other court in which a sentence of imprisonment for more than seven years has been passed.

That sentence may have been passed against the convicted person or against any other person convicted at the same trial. Except as otherwise provided in Section 374(2) CrPC, Section 374(3) CrPC allows an appeal to the Court of Session in the cases listed next. Under Section 374(3)(a) CrPC, the appeal lies for a person convicted on a trial held by a Metropolitan Magistrate, an Assistant Sessions Judge, or a Magistrate of the first class or of the second class. Under Section 374(3)(b) CrPC, it lies for a person sentenced under section 325.

Under Section 374(3)(c) CrPC, it lies for a person in respect of whom any Magistrate has made an order or passed a sentence under section 360. Section 374(4) CrPC covers an appeal filed against a sentence passed under section 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or section 376E of the Indian Penal Code. That appeal shall be disposed of within a period of six months from the date of filing of the appeal.

When Section 374 CrPC Applies

A person convicted in a trial conducted by a High Court exercising its extraordinary original criminal jurisdiction may appeal to the Supreme Court under Section 374(1) of the Code of Criminal Procedure, 1973.
A person convicted in a trial held by a Sessions Judge or an Additional Sessions Judge may appeal to the High Court under Section 374(2) CrPC.
A person convicted in a trial held by any other court may appeal to the High Court under Section 374(2) CrPC when a sentence of imprisonment for more than seven years has been passed against that person or against any other person convicted at the same trial.
Save as otherwise provided in Section 374(2) CrPC, a person convicted in a trial held by a Metropolitan Magistrate, an Assistant Sessions Judge, or a Magistrate of the first class or of the second class may appeal to the Court of Session under Section 374(3)(a) CrPC.
Save as otherwise provided in Section 374(2) CrPC, a person sentenced under Section 325 CrPC may appeal to the Court of Session under Section 374(3)(b) CrPC.
Save as otherwise provided in Section 374(2) CrPC, a person in respect of whom any Magistrate has made an order or passed a sentence under Section 360 CrPC may appeal to the Court of Session under Section 374(3)(c) CrPC.

Time Limits Under Section 374 CrPC

An appeal filed against a sentence passed under Section 376, Section 376A, Section 376AB, Section 376B, Section 376C, Section 376D, Section 376DA, Section 376DB, or Section 376E of the Indian Penal Code shall be disposed of within a period of six months from the date of filing under Section 374(4) of the Code of Criminal Procedure, 1973.Act text: “the appeal shall be disposed of within a period of six months from the date of filing of such appeal.”

Example of Section 374 CrPC

Ramesh and Suresh are tried together before an Assistant Sessions Judge, and the court convicts Ramesh and Suresh at the same trial. Ramesh receives a sentence of imprisonment for more than seven years, while Suresh receives a shorter sentence of imprisonment. Under Section 374(3)(a) of the Code of Criminal Procedure, 1973, a conviction from a trial held by an Assistant Sessions Judge goes on appeal to the Court of Session, save as otherwise provided in Section 374(2) CrPC. Because a sentence of imprisonment for more than seven years has been passed against Ramesh at the same trial, Section 374(2) CrPC applies to Ramesh and Suresh. Ramesh and Suresh may therefore appeal to the High Court.

When Section 374 CrPC Does Not Apply

An appeal to the Supreme Court under Section 374(1) of the Code of Criminal Procedure, 1973 does not lie if the person was not convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction.
On a trial held by a court other than a High Court, a Sessions Judge, or an Additional Sessions Judge, an appeal to the High Court under Section 374(2) CrPC does not lie when no sentence of imprisonment for more than seven years has been passed against the convicted person or against any other person convicted at the same trial.
An appeal to the Court of Session under Section 374(3) CrPC does not apply where the appeal is otherwise provided for in Section 374(2) CrPC.
The six-month disposal requirement in Section 374(4) CrPC does not apply when the appeal is not filed against a sentence passed under Section 376, Section 376A, Section 376AB, Section 376B, Section 376C, Section 376D, Section 376DA, Section 376DB, or Section 376E of the Indian Penal Code.

Section 374 CrPC Under BNSS 415: What Changed

Section 374 CrPC is now covered under Section 415 BNSS.

Section 374 of the Code of Criminal Procedure, 1973 became Section 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The rules governing appeals to the Supreme Court in Section 415(1) BNSS and to the High Court in Section 415(2) BNSS are unchanged. In Section 415(3)(a) BNSS, the reference to trials held by a Metropolitan Magistrate or an Assistant Sessions Judge was removed, leaving trials held by a Magistrate of the first class or of the second class. The remaining changes are of form, updating cross-references to Section 364 BNSS, Section 401 BNSS, and the Bharatiya Nyaya Sanhita, 2023.

View detailed comparison (CrPC 374 vs BNSS 415) →

FAQs on Section 374 CrPC

When may a convicted person appeal to the Supreme Court or the High Court under Section 374 CrPC?▼

Section 374(1) of the Code of Criminal Procedure, 1973 lets a person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction appeal to the Supreme Court. Under Section 374(2) CrPC, a person convicted by a Sessions Judge, an Additional Sessions Judge, or any other court in which a sentence of imprisonment for more than seven years has been passed against that person or any other person convicted at the same trial may appeal to the High Court.

Which cases go on appeal to the Court of Session under Section 374(3) CrPC?▼

Save as otherwise provided in Section 374(2) of the Code of Criminal Procedure, 1973, Section 374(3) CrPC provides for appeals to the Court of Session. A person may appeal there if convicted on a trial held by a Metropolitan Magistrate, an Assistant Sessions Judge, or a Magistrate of the first class or of the second class. An appeal also lies if the person is sentenced under Section 325 CrPC, or if any Magistrate makes an order or passes a sentence under Section 360 CrPC.

What is the time limit for disposing of an appeal under Section 374(4) CrPC?▼

Section 374(4) of the Code of Criminal Procedure, 1973 provides that the appeal shall be disposed of within a period of six months from the date of filing of the appeal. This six-month time limit applies when an appeal has been filed against a sentence passed under Section 376, Section 376A, Section 376AB, Section 376B, Section 376C, Section 376D, Section 376DA, Section 376DB, or Section 376E of the Indian Penal Code. For appeals from sentences under other provisions, Section 374 CrPC does not state a disposal period.

Where is the provision corresponding to Section 374 CrPC found from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. From 1 July 2024, the provision governing appeals from convictions is found in Section 415 BNSS. In the official mapping, Section 374 CrPC maps to Section 415 BNSS, with Section 374(1) CrPC mapping to Section 415(1) BNSS, Section 374(2) CrPC mapping to Section 415(2) BNSS, Section 374(3) CrPC mapping to Section 415(3) BNSS, and Section 374(4) CrPC mapping to Section 415(4) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 27 Oct 2026 ·