Section 381 CrPC: Appeal to Court of Session how heard

Code of Criminal Procedure, 1973

Section 381 CrPC at a Glance

Section 381 CrPC deals with appeal to Court of Session how heard. From 1 July 2024 it is replaced by Section 422 BNSS.

Now BNSS

What Section 381 CrPC Says

381. Appeal to Court of Session how heard
(1) Subject to the provisions of sub-section (2), an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge:
Provided that an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by an Assistant Sessions Judge or a Chief Judicial Magistrate.
(2) An Additional Sessions Judge, Assistant Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him or as the High Court may, by special order, direct him to hear.

Source: Section 381, Code of Criminal Procedure, 1973

Section 381 CrPC in Simple Words

Section 381(1) of the Code of Criminal Procedure, 1973 says that an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge.

Its proviso says that an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by an Assistant Sessions Judge or a Chief Judicial Magistrate.

Section 381(2) CrPC says that an Additional Sessions Judge, Assistant Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him or as the High Court may, by special order, direct him to hear.

When Section 381 CrPC Applies

Under Section 381(1) CrPC, subject to Section 381(2) CrPC, an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge.
The proviso to Section 381(1) CrPC says that an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by an Assistant Sessions Judge or a Chief Judicial Magistrate.
Under Section 381(2) CrPC, an Additional Sessions Judge, Assistant Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him.
Under Section 381(2) CrPC, the appeals that an Additional Sessions Judge, Assistant Sessions Judge or a Chief Judicial Magistrate shall hear are only those that the Sessions Judge of the division may make over by general or special order, or that the High Court may, by special order, direct that judge to hear.

Example of Section 381 CrPC

Ramesh is convicted on a trial held by a Magistrate of the second class and appeals to the Court of Session. Under Section 381(1) CrPC, the appeal shall be heard by the Sessions Judge or by an Additional Sessions Judge. Under the proviso to Section 381(1) CrPC, an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by an Assistant Sessions Judge or a Chief Judicial Magistrate. Meera is a Chief Judicial Magistrate. The Sessions Judge of the division, by special order, makes over Ramesh's appeal to Meera under Section 381(2) CrPC.

When Section 381 CrPC Does Not Apply

Section 381 CrPC speaks of the hearing of an appeal to the Court of Session or Sessions Judge. It does not deal with the powers of the Appellate Court once it hears the appeal, the subject of Section 386 CrPC, headed Powers of the Appellate Court.
Section 381 CrPC speaks of who hears an appeal. It does not deal with the petition of appeal, the subject of Section 382 CrPC, headed Petition of appeal.

Section 381 CrPC Under BNSS 422: What Changed

Section 381 CrPC is now covered under Section 422 BNSS.

From 1 July 2024, Section 422 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 381 of the Code of Criminal Procedure, 1973, with the same heading. The proviso to Section 422(1) BNSS reads the Chief Judicial Magistrate where the proviso to Section 381(1) CrPC read an Assistant Sessions Judge or a Chief Judicial Magistrate. Section 422(2) BNSS does not name an Assistant Sessions Judge, which Section 381(2) CrPC named.

View detailed comparison (CrPC 381 vs BNSS 422) →

FAQs on Section 381 CrPC

Who hears an appeal to the Court of Session under Section 381(1) CrPC?▼

Under Section 381(1) of the Code of Criminal Procedure, 1973, subject to Section 381(2) CrPC, an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge. The proviso says that an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by an Assistant Sessions Judge or a Chief Judicial Magistrate.

What does Section 381(2) CrPC say about an Additional Sessions Judge, an Assistant Sessions Judge or a Chief Judicial Magistrate?▼

Section 381(2) of the Code of Criminal Procedure, 1973 says that an Additional Sessions Judge, Assistant Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him or as the High Court may, by special order, direct him to hear.

What does the proviso to Section 381(1) CrPC say?▼

The proviso to Section 381(1) of the Code of Criminal Procedure, 1973 says that an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by an Assistant Sessions Judge or a Chief Judicial Magistrate.

Where is Section 381 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 381(1) of the Code of Criminal Procedure, 1973 is found in Section 422(1) BNSS and Section 381(2) CrPC in Section 422(2) BNSS. The proviso to Section 381(1) CrPC is found in the proviso to Section 422(1) BNSS.

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