Section 376 CrPC: No appeal in petty cases
Code of Criminal Procedure, 1973
Section 376 CrPC at a Glance
Section 376 CrPC deals with no appeal in petty cases. From 1 July 2024 it is replaced by Section 417 BNSS.
What Section 376 CrPC Says
376. No appeal in petty cases
Notwithstanding anything contained in section 374, there shall be no appeal by a convicted person in any of the following cases, namely:—
(a) where a High Court passes only a sentence of imprisonment for a term not exceeding six months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine;
(b) where a Court of Session or a Metropolitan Magistrate passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine;
(c) where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees; or
(d) where, in a case tried summarily, a Magistrate empowered to act under section 260 passes only a sentence of fine not exceeding two hundred rupees:
Provided that an appeal may be brought against any such sentence if any other punishment is combined with it, but such sentence shall not be appealable merely on the ground—
(i) that the person convicted is ordered to furnish security to keep the peace; or
(ii) that a direction for imprisonment in default of payment of fine is included in the sentence; or
(iii) that more than one sentence of fine is passed in the case, if the total amount of fine imposed does not exceed the amount hereinbefore specified in respect of the case.
Source: Section 376, Code of Criminal Procedure, 1973
Section 376 CrPC in Simple Words
Section 376 of the Code of Criminal Procedure, 1973 applies notwithstanding Section 374 CrPC.
It says there shall be no appeal by a convicted person where a High Court, a Court of Session or a Metropolitan Magistrate, a Magistrate of the first class, or a Magistrate empowered to act under Section 260 CrPC in a case tried summarily passes only a sentence within the amounts that Section 376 CrPC names for that court.
A proviso says an appeal may be brought against any such sentence if any other punishment is combined with it.
When Section 376 CrPC Applies
- Under Section 376(a) CrPC, there shall be no appeal by a convicted person where a High Court passes only a sentence of imprisonment for a term not exceeding six months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine.
- Under Section 376(b) CrPC, there shall be no appeal by a convicted person where a Court of Session or a Metropolitan Magistrate passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine.
- Under Section 376(c) CrPC, there shall be no appeal by a convicted person where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees.
- Under Section 376(d) CrPC, there shall be no appeal by a convicted person where, in a case tried summarily, a Magistrate empowered to act under Section 260 CrPC passes only a sentence of fine not exceeding two hundred rupees.
- The proviso to Section 376 CrPC says that an appeal may be brought against any such sentence if any other punishment is combined with it.
- The proviso to Section 376 CrPC says that such a sentence shall not be appealable merely on the ground that the person convicted is ordered to furnish security to keep the peace, or that a direction for imprisonment in default of payment of fine is included in the sentence.
Time Limits Under Section 376 CrPC
- Section 376(a) CrPC speaks of a High Court sentence of imprisonment for a term not exceeding six months.Act text: “imprisonment for a term not exceeding six months”
- Section 376(b) CrPC speaks of a sentence of imprisonment for a term not exceeding three months by a Court of Session or a Metropolitan Magistrate.Act text: “imprisonment for a term not exceeding three months”
Example of Section 376 CrPC
When Section 376 CrPC Does Not Apply
- Section 376 CrPC speaks of an appeal by a convicted person. It does not deal with an appeal by the State Government against sentence on the ground of its inadequacy, the subject of Section 377 CrPC.
- Section 376 CrPC speaks of a convicted person. It does not deal with an appeal in case of acquittal, the subject of Section 378 CrPC.
Section 376 CrPC Under BNSS 417: What Changed
Section 376 CrPC is now covered under Section 417 BNSS.
From 1 July 2024, Section 417 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 376 of the Code of Criminal Procedure, 1973, with the same heading. Section 417(a) BNSS reads imprisonment for a term not exceeding three months where Section 376(a) CrPC read imprisonment for a term not exceeding six months. Section 417(b) BNSS reads a Court of Session where Section 376(b) CrPC read a Court of Session or a Metropolitan Magistrate. Section 417 BNSS refers to Section 415 BNSS where Section 376 CrPC referred to Section 374 CrPC, and Section 417(d) BNSS refers to Section 283 BNSS where Section 376(d) CrPC referred to Section 260 CrPC. The other words of Section 417 BNSS, including the amounts of fine and the proviso, are the same as in Section 376 CrPC.
View detailed comparison (CrPC 376 vs BNSS 417) →FAQs on Section 376 CrPC
When does Section 376 CrPC say there shall be no appeal against a sentence of a High Court, a Court of Session or a Metropolitan Magistrate?▼
Notwithstanding Section 374 CrPC, Section 376(a) of the Code of Criminal Procedure, 1973 says there shall be no appeal by a convicted person where a High Court passes only a sentence of imprisonment for a term not exceeding six months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine. Section 376(b) CrPC says the same where a Court of Session or a Metropolitan Magistrate passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine.
What does Section 376 CrPC say about a Magistrate of the first class and a case tried summarily?▼
Section 376(c) of the Code of Criminal Procedure, 1973 says there shall be no appeal by a convicted person where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees. Section 376(d) CrPC says the same where, in a case tried summarily, a Magistrate empowered to act under Section 260 CrPC passes only a sentence of fine not exceeding two hundred rupees.
What does the proviso to Section 376 CrPC say about an appeal against such a sentence?▼
The proviso to Section 376 of the Code of Criminal Procedure, 1973 says that an appeal may be brought against any such sentence if any other punishment is combined with it. It also says such a sentence shall not be appealable merely on the ground that the person convicted is ordered to furnish security to keep the peace, that a direction for imprisonment in default of payment of fine is included in the sentence, or that more than one sentence of fine is passed in the case, if the total amount of fine imposed does not exceed the amount hereinbefore specified in respect of the case.
Where is Section 376 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
Section 376 of the Code of Criminal Procedure, 1973 has no sub-sections, and maps as a whole to Section 417 BNSS, which carries the same heading, No appeal in petty cases. Section 376(a) CrPC is found in Section 417(a) BNSS, Section 376(b) CrPC in Section 417(b) BNSS, Section 376(c) CrPC in Section 417(c) BNSS and Section 376(d) CrPC in Section 417(d) BNSS. The proviso to Section 376 CrPC is found in the proviso to Section 417 BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·