Section 375 CrPC: No appeal in certain cases when accused pleads guilty

Code of Criminal Procedure, 1973

Section 375 CrPC at a Glance

Section 375 CrPC deals with no appeal in certain cases when accused pleads guilty. From 1 July 2024 it is replaced by Section 416 BNSS.

Now BNSS

Section 416 →

What Section 375 CrPC Says

375. No appeal in certain cases when accused pleads guilty

Notwithstanding anything contained in section 374, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal,—

(a) if the conviction is by a High Court; or

(b) if the conviction is by a Court of Session, Metropolitan Magistrate or Magistrate of the first or second class, except as to the extent or legality of the sentence.

Source: Section 375, Code of Criminal Procedure, 1973

Section 375 CrPC in Simple Words

Section 375 of the Code of Criminal Procedure, 1973 applies notwithstanding Section 374 CrPC.

Where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal if the conviction is by a High Court.

If the conviction is by a Court of Session, Metropolitan Magistrate or Magistrate of the first or second class, there shall be no appeal except as to the extent or legality of the sentence.

When Section 375 CrPC Applies

  • Section 375 of the Code of Criminal Procedure, 1973 speaks of an accused person who has pleaded guilty and has been convicted on such plea.
  • Section 375 CrPC applies notwithstanding Section 374 CrPC.
  • Under Section 375(a) CrPC, where the conviction on that plea is by a High Court, there shall be no appeal.
  • Under Section 375(b) CrPC, where the conviction on that plea is by a Court of Session, Metropolitan Magistrate or Magistrate of the first or second class, there shall be no appeal except as to the extent or legality of the sentence.

Example of Section 375 CrPC

Ramesh is tried before a Court of Session. Ramesh pleads guilty to the charge, and the Court of Session convicts Ramesh on that plea and passes a sentence. Ramesh wishes to appeal against the conviction and against the sentence. Section 375 CrPC applies notwithstanding Section 374 CrPC. Under Section 375(b) CrPC, there shall be no appeal in Ramesh's case except as to the extent or legality of the sentence.

When Section 375 CrPC Does Not Apply

  • Section 375 CrPC speaks of a conviction on a plea of guilty. It does not deal with an appeal in case of acquittal, the subject of Section 378 CrPC.
  • Section 375 CrPC speaks of a conviction on a plea of guilty. It does not deal with petty cases, the subject of Section 376 CrPC.

Section 375 CrPC Under BNSS 416: What Changed

Section 375 CrPC is now covered under Section 416 BNSS.

From 1 July 2024, Section 416 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 375 of the Code of Criminal Procedure, 1973, with the same heading. Section 416(ii) BNSS reads a Court of Session or Magistrate of the first or second class where Section 375(b) CrPC read a Court of Session, Metropolitan Magistrate or Magistrate of the first or second class. Section 416 BNSS refers to Section 415 BNSS where Section 375 CrPC referred to Section 374 CrPC. The clauses of Section 375(a) CrPC and Section 375(b) CrPC are found in Section 416(i) BNSS and Section 416(ii) BNSS.

View detailed comparison (CrPC 375 vs BNSS 416) →

FAQs on Section 375 CrPC

Can an accused person appeal after pleading guilty under Section 375 CrPC?▼

Section 375 of the Code of Criminal Procedure, 1973 says that, notwithstanding Section 374 CrPC, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal if the conviction is by a High Court. If the conviction is by a Court of Session, Metropolitan Magistrate or Magistrate of the first or second class, there shall be no appeal except as to the extent or legality of the sentence.

What does Section 375(a) CrPC say about a High Court conviction on a plea of guilty?▼

Section 375(a) of the Code of Criminal Procedure, 1973 says that where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal if the conviction is by a High Court. The words except as to the extent or legality of the sentence are in Section 375(b) CrPC, not in Section 375(a) CrPC.

Which courts does Section 375(b) CrPC name?▼

Section 375(b) of the Code of Criminal Procedure, 1973 names a Court of Session, Metropolitan Magistrate or Magistrate of the first or second class. Where the conviction on a plea of guilty is by one of those courts, there shall be no appeal except as to the extent or legality of the sentence.

Where is Section 375 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 375 of the Code of Criminal Procedure, 1973 has no sub-sections, and maps as a whole to Section 416 BNSS, which carries the same heading, No appeal in certain cases when accused pleads guilty. Section 375(a) CrPC is found in Section 416(i) BNSS and Section 375(b) CrPC in Section 416(ii) BNSS.

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