Section 380 CrPC: Special right of appeal in certain cases
Code of Criminal Procedure, 1973
Section 380 CrPC at a Glance
Section 380 CrPC deals with special right of appeal in certain cases. From 1 July 2024 it is replaced by Section 421 BNSS.
What Section 380 CrPC Says
380. Special right of appeal in certain cases
Notwithstanding anything contained in this Chapter, when more persons than one are convicted in one trial, and an appealable judgment or order has been passed in respect of any of such persons, all or any of the persons convicted at such trial shall have a right of appeal.
Source: Section 380, Code of Criminal Procedure, 1973
Section 380 CrPC in Simple Words
Section 380 of the Code of Criminal Procedure, 1973 applies notwithstanding anything contained in the Chapter of the Code that contains Section 380 CrPC. When more persons than one are convicted in one trial, and an appealable judgment or order has been passed in respect of any of such persons, all or any of the persons convicted at such trial shall have a right of appeal.
When Section 380 CrPC Applies
- Section 380 of the Code of Criminal Procedure, 1973 speaks of the case where more persons than one are convicted in one trial.
- Section 380 CrPC speaks of the case where an appealable judgment or order has been passed in respect of any of such persons.
- Under Section 380 CrPC, all or any of the persons convicted at such trial shall have a right of appeal.
- Section 380 CrPC applies notwithstanding anything contained in the Chapter of the Code that contains Section 380 CrPC.
Example of Section 380 CrPC
When Section 380 CrPC Does Not Apply
- Section 380 CrPC speaks of persons convicted in one trial. It does not deal with an appeal in case of acquittal, the subject of Section 378 CrPC.
- Section 380 CrPC speaks of a right of appeal of persons convicted in one trial. It does not deal with an appeal by the State Government against sentence, the subject of Section 377 CrPC.
Section 380 CrPC Under BNSS 421: What Changed
Section 380 CrPC is now covered under Section 421 BNSS.
From 1 July 2024, Section 421 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 380 of the Code of Criminal Procedure, 1973. Section 421 BNSS has the same heading as Section 380 CrPC and the same text, except for the wording below. Section 421 BNSS reads notwithstanding anything in this Chapter where Section 380 CrPC read notwithstanding anything contained in this Chapter.
View detailed comparison (CrPC 380 vs BNSS 421) →FAQs on Section 380 CrPC
When does the special right of appeal under Section 380 CrPC arise?▼
Section 380 of the Code of Criminal Procedure, 1973 speaks of the case where more persons than one are convicted in one trial, and an appealable judgment or order has been passed in respect of any of such persons. In that case, all or any of the persons convicted at such trial shall have a right of appeal.
Whom does Section 380 CrPC name as having a right of appeal?▼
Section 380 of the Code of Criminal Procedure, 1973 says that all or any of the persons convicted at such trial shall have a right of appeal.
What does the opening of Section 380 CrPC say?▼
Section 380 of the Code of Criminal Procedure, 1973 opens with the words Notwithstanding anything contained in this Chapter. The Chapter is the Chapter of the Code that contains Section 380 CrPC.
Where is Section 380 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
Section 380 of the Code of Criminal Procedure, 1973 has no sub-sections, and maps as a whole to Section 421 BNSS, which carries the same heading, Special right of appeal in certain cases.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·