Section 382 CrPC: Petition of appeal

Code of Criminal Procedure, 1973

Section 382 CrPC at a Glance

Section 382 CrPC deals with petition of appeal. From 1 July 2024 it is replaced by Section 423 BNSS.

Now BNSS

Section 423 →

What Section 382 CrPC Says

382. Petition of appeal

Every appeal shall be made in the form of a petition in writing presented by the appellant or his pleader, and every such petition shall (unless the Court to which it is presented otherwise directs) be accompanied by a copy of the judgment or order appealed against.

Source: Section 382, Code of Criminal Procedure, 1973

Section 382 CrPC in Simple Words

Section 382 CrPC deals with the form of an appeal. Every appeal shall be made in the form of a petition in writing presented by the appellant or his pleader. Every such petition shall be accompanied by a copy of the judgment or order appealed against, unless the Court to which it is presented otherwise directs.

When Section 382 CrPC Applies

  • Every appeal shall be made in the form of a petition in writing presented by the appellant or the appellant's pleader, under Section 382 CrPC.
  • Every such petition shall be accompanied by a copy of the judgment or order appealed against, unless the Court to which it is presented otherwise directs.

Example of Section 382 CrPC

Sunita files an appeal. The appeal is made in the form of a petition in writing presented by Sunita or Sunita's pleader. The petition shall be accompanied by a copy of the judgment or order appealed against, unless the Court to which it is presented otherwise directs.

When Section 382 CrPC Does Not Apply

  • Section 382 CrPC speaks of the form of a petition of appeal. It does not deal with the procedure when the appellant is in jail, which is the subject of Section 383 CrPC.
  • Section 382 CrPC speaks of a petition of appeal. It does not deal with the summary dismissal of an appeal, which is the subject of Section 384 CrPC.

Section 382 CrPC Under BNSS 423: What Changed

Section 382 CrPC is now covered under Section 423 BNSS.

Section 423 BNSS has the same heading and the same text as Section 382 CrPC, except that Section 423 BNSS reads advocate where Section 382 CrPC read pleader.

View detailed comparison (CrPC 382 vs BNSS 423) →

FAQs on Section 382 CrPC

In what form shall an appeal be made under Section 382 CrPC?▼

Every appeal shall be made in the form of a petition in writing presented by the appellant or his pleader.

What shall accompany the petition under Section 382 CrPC?▼

Every such petition shall be accompanied by a copy of the judgment or order appealed against, unless the Court to which it is presented otherwise directs.

Who may present the petition under Section 382 CrPC?▼

The appellant or his pleader may present the petition.

Where is Section 382 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 382 CrPC has no sub-sections, and maps as a whole to Section 423 BNSS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

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