Section 377 CrPC: Appeal by the State Government against sentence

Code of Criminal Procedure, 1973

Section 377 CrPC at a Glance

Section 377 CrPC deals with appeal by the State Government against sentence. From 1 July 2024 it is replaced by Section 418 BNSS.

Now BNSS

Section 418 →

What Section 377 CrPC Says

377. Appeal by the State Government against sentence
(1) Save as otherwise provided in sub-section (2), the State Government may, in any case of conviction on a trial held by any Court other than a High Court, direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy—
(a) to the Court of Session, if the sentence is passed by the Magistrate; and
(b) to the High Court, if the sentence is passed by any other Court.
(2) If such conviction is in a case in which the offence has been investigated by the Delhi Special Police Establishment, constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, the Central Government may also direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy—
(a) to the Court of Session, if the sentence is passed by the Magistrate; and
(b) to the High Court, if the sentence is passed by any other Court.
(3) When an appeal has been filed against the sentence on the ground of its inadequacy, the Court of Session or, as the case may be, the High Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused may plead for his acquittal or for the reduction of the sentence.
(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 377, Code of Criminal Procedure, 1973

Section 377 CrPC in Simple Words

Section 377 of the Code of Criminal Procedure, 1973 says that the State Government may, in any case of conviction on a trial held by any Court other than a High Court, direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy. The appeal goes to the Court of Session, if the sentence is passed by the Magistrate, and to the High Court, if the sentence is passed by any other Court.

Section 377(2) CrPC says the Central Government may also direct such an appeal where the offence has been investigated by the Delhi Special Police Establishment or by any other agency empowered to make investigation into an offence under any Central Act other than the Code. Under Section 377(3) CrPC, the Court shall not enhance the sentence except after giving the accused a reasonable opportunity of showing cause against such enhancement.

When Section 377 CrPC Applies

Save as otherwise provided in Section 377(2) CrPC, the State Government may, in any case of conviction on a trial held by any Court other than a High Court, direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy.
Under Section 377(1)(a) CrPC the appeal is presented to the Court of Session, if the sentence is passed by the Magistrate, and under Section 377(1)(b) CrPC to the High Court, if the sentence is passed by any other Court.
Under Section 377(2) CrPC, the Central Government may also direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy, if the offence has been investigated by the Delhi Special Police Establishment, constituted under the Delhi Special Police Establishment Act, 1946, or by any other agency empowered to make investigation into an offence under any Central Act other than this Code.
Under Section 377(3) CrPC, when an appeal has been filed against the sentence on the ground of its inadequacy, the Court of Session or, as the case may be, the High Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement.
Under Section 377(3) CrPC, while showing cause, the accused may plead for his acquittal or for the reduction of the sentence.

Time Limits Under Section 377 CrPC

Section 377(4) CrPC says that when an appeal has been filed against a sentence passed under a section of the Indian Penal Code that it names, the appeal shall be disposed of within a period of six months from the date of filing of such appeal.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 377 CrPC

Ramesh is convicted on a trial held by a Magistrate, and the Magistrate passes a sentence. The State Government directs the Public Prosecutor, Kavita, to present an appeal against the sentence on the ground of its inadequacy. Because the sentence was passed by the Magistrate, Section 377(1)(a) CrPC provides for the appeal to the Court of Session. Under Section 377(3) CrPC, the Court of Session shall not enhance the sentence except after giving Ramesh a reasonable opportunity of showing cause against such enhancement. While showing cause, Ramesh may plead for acquittal or for the reduction of the sentence.

When Section 377 CrPC Does Not Apply

Section 377 CrPC speaks of an appeal against the sentence on the ground of its inadequacy. It does not deal with an appeal in case of acquittal, the subject of Section 378 CrPC.
Section 377(1) CrPC speaks of a conviction on a trial held by any Court other than a High Court. It does not deal with a conviction by a High Court, the subject of Section 379 CrPC, headed Appeal against conviction by High Court in certain cases.
Section 377 CrPC speaks of an appeal that the Public Prosecutor presents at the direction of the State Government or the Central Government. It does not deal with an appeal by a convicted person, the subject of Section 374 CrPC, headed Appeals from convictions.

Section 377 CrPC Under BNSS 418: What Changed

Section 377 CrPC is now covered under Section 418 BNSS.

From 1 July 2024, Section 418 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 377 of the Code of Criminal Procedure, 1973. Section 418(2) BNSS does not name the Delhi Special Police Establishment, and reads this Sanhita where Section 377(2) CrPC read this Code. Section 418(4) BNSS refers to sections of the Bharatiya Nyaya Sanhita, 2023 where Section 377(4) CrPC referred to sections of the Indian Penal Code. Section 418(1) BNSS and Section 418(3) BNSS have the same words as Section 377(1) CrPC and Section 377(3) CrPC.

View detailed comparison (CrPC 377 vs BNSS 418) →

FAQs on Section 377 CrPC

Which court receives an appeal against the sentence on the ground of its inadequacy under Section 377 CrPC?▼

Under Section 377(1)(a) of the Code of Criminal Procedure, 1973 the appeal is presented to the Court of Session, if the sentence is passed by the Magistrate. Under Section 377(1)(b) CrPC the appeal is presented to the High Court, if the sentence is passed by any other Court. Section 377(2)(a) CrPC and Section 377(2)(b) CrPC read the same way for an appeal directed by the Central Government.

When may the Central Government direct an appeal against sentence under Section 377 CrPC?▼

Under Section 377(2) of the Code of Criminal Procedure, 1973, if the conviction is in a case in which the offence has been investigated by the Delhi Special Police Establishment, constituted under the Delhi Special Police Establishment Act, 1946, or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, the Central Government may also direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy.

What does Section 377(3) CrPC say about the accused when an appeal against the sentence has been filed?▼

Section 377(3) of the Code of Criminal Procedure, 1973 says that the Court of Session or, as the case may be, the High Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement. It also says that while showing cause, the accused may plead for his acquittal or for the reduction of the sentence.

Where is Section 377 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 377(1) of the Code of Criminal Procedure, 1973 is found in Section 418(1) BNSS, Section 377(2) CrPC in Section 418(2) BNSS, Section 377(3) CrPC in Section 418(3) BNSS and Section 377(4) CrPC in Section 418(4) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·