Section 383 CrPC: Procedure when appellant in jail

Code of Criminal Procedure, 1973

Section 383 CrPC at a Glance

Section 383 CrPC deals with procedure when appellant in jail. From 1 July 2024 it is replaced by Section 424 BNSS.

What Section 383 CrPC Says

383. Procedure when appellant in jail

If the appellant is in jail, he may present his petition of appeal and the copies accompanying the same to the officer in charge of the jail, who shall thereupon forward such petition and copies to the proper Appellate Court.

Source: Section 383, Code of Criminal Procedure, 1973

Section 383 CrPC in Simple Words

Section 383 CrPC deals with an appellant who is in jail. The appellant may present the petition of appeal and the copies accompanying the same to the officer in charge of the jail. That officer shall thereupon forward the petition and copies to the proper Appellate Court.

When Section 383 CrPC Applies

  • Section 383 CrPC applies if the appellant is in jail.
  • The appellant may present the petition of appeal and the copies accompanying the same to the officer in charge of the jail.
  • The officer in charge of the jail shall thereupon forward the petition and copies to the proper Appellate Court.

Example of Section 383 CrPC

Anil is an appellant in jail. Anil presents the petition of appeal and the copies accompanying the same to Suresh, the officer in charge of the jail. Suresh shall thereupon forward the petition and copies to the proper Appellate Court.

When Section 383 CrPC Does Not Apply

  • Section 383 CrPC speaks of an appellant who is in jail. It does not deal with the form of the petition of appeal, which Section 382 CrPC covers.
  • Section 383 CrPC speaks of forwarding the petition and copies to the proper Appellate Court. It does not deal with summary dismissal of an appeal, which Section 384 CrPC covers.

Section 383 CrPC Under BNSS 424: What Changed

Section 383 CrPC is now covered under Section 424 BNSS.

Section 383 CrPC became Section 424 BNSS from 1 July 2024. The heading is the same and the text is the same.

View detailed comparison (CrPC 383 vs BNSS 424) โ†’

FAQs on Section 383 CrPC

To whom may an appellant in jail present a petition of appeal under Section 383 CrPC?โ–ผ

The appellant may present the petition of appeal and the copies accompanying the same to the officer in charge of the jail.

What does the officer in charge of the jail do under Section 383 CrPC?โ–ผ

The officer in charge of the jail shall thereupon forward the petition and copies to the proper Appellate Court.

Does Section 383 CrPC state a time for forwarding the petition?โ–ผ

No. Section 383 CrPC says that the officer in charge of the jail shall thereupon forward such petition and copies to the proper Appellate Court. It states no number of days.

Where is Section 383 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?โ–ผ

Section 383 CrPC has no sub-sections, and maps as a whole to Section 424 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 ยท Last updated: 20 Oct 2026 ยท