Section 385 CrPC: Procedure for hearing appeals not dismissed summarily

Code of Criminal Procedure, 1973

Section 385 CrPC at a Glance

Section 385 CrPC deals with procedure for hearing appeals not dismissed summarily. From 1 July 2024 it is replaced by Section 426 BNSS.

Now BNSS

Section 426 →

What Section 385 CrPC Says

385. Procedure for hearing appeals not dismissed summarily

(1) If the Appellate Court does not dismiss the appeal summarily, it shall cause notice of the time and place at which such appeal will be heard to be given—

(i) to the appellant or his pleader;

(ii) to such officer as the State Government may appoint in this behalf;

(iii) if the appeal is from a judgment of conviction in a case instituted upon complaint, to the complainant;

(iv) if the appeal is under section 377 or section 378, to the accused, and shall also furnish such officer, complainant and accused with a copy of the grounds of appeal.

(2) The Appellate Court shall then send for the record of the case, if such record is not already available in that Court, and hear the parties:

Provided that if the appeal is only as to the extent or the legality of the sentence, the Court may dispose of the appeal without sending for the record.

(3) Where the only ground for appeal from a conviction is the alleged severity of the sentence, the appellant shall not, except with the leave of the Court, urge or be heard in support of any other ground.

Source: Section 385, Code of Criminal Procedure, 1973

Section 385 CrPC in Simple Words

Section 385 CrPC deals with the hearing of an appeal that the Appellate Court does not dismiss summarily. The Appellate Court shall cause notice of the time and place at which such appeal will be heard to be given to the persons named in Section 385(1) CrPC. It shall then send for the record of the case, if such record is not already available in that Court, and hear the parties.

When Section 385 CrPC Applies

  • Notice of the time and place at which the appeal will be heard shall be given to the appellant or his pleader and to such officer as the State Government may appoint in this behalf.
  • If the appeal is from a judgment of conviction in a case instituted upon complaint, notice shall also be given to the complainant.
  • If the appeal is under Section 377 CrPC or Section 378 CrPC, notice shall also be given to the accused, and the officer, complainant and accused shall also be furnished with a copy of the grounds of appeal.
  • The Appellate Court shall then send for the record of the case, if such record is not already available in that Court, and hear the parties.
  • If the appeal is only as to the extent or the legality of the sentence, the Court may dispose of the appeal without sending for the record.
  • Where the only ground for appeal from a conviction is the alleged severity of the sentence, the appellant shall not, except with the leave of the Court, urge or be heard in support of any other ground.

Example of Section 385 CrPC

Ravi appeals from a judgment of conviction in a case instituted upon complaint by Kavita, and the Appellate Court does not dismiss the appeal summarily. Under Section 385 CrPC the Appellate Court shall cause notice of the time and place at which the appeal will be heard to be given to Ravi or the pleader of Ravi, to such officer as the State Government may appoint in this behalf, and to Kavita as the complainant. The Appellate Court shall then send for the record of the case, if such record is not already available in that Court, and hear the parties.

When Section 385 CrPC Does Not Apply

  • Section 385 CrPC speaks of the hearing of an appeal. It does not deal with the powers of the Appellate Court in disposing of an appeal, which Section 386 CrPC covers.
  • Section 385(3) CrPC speaks of the grounds an appellant may urge against a conviction. It does not deal with the examination of the petition of appeal for summary dismissal, which Section 384 CrPC covers.

Section 385 CrPC Under BNSS 426: What Changed

Section 385 CrPC is now covered under Section 426 BNSS.

Section 385 CrPC became Section 426 BNSS from 1 July 2024. The heading is the same. The text is the same except for advocate in place of pleader and the renumbered cross-reference to Section 418 BNSS and Section 419 BNSS.

View detailed comparison (CrPC 385 vs BNSS 426) →

FAQs on Section 385 CrPC

Who shall be given notice of the hearing under Section 385 CrPC?▼

The Appellate Court shall cause notice of the time and place at which the appeal will be heard to be given to the appellant or his pleader, to such officer as the State Government may appoint in this behalf, to the complainant if the appeal is from a judgment of conviction in a case instituted upon complaint, and to the accused if the appeal is under Section 377 CrPC or Section 378 CrPC.

What does Section 385 CrPC say about the record of the case?▼

The Appellate Court shall then send for the record of the case, if such record is not already available in that Court, and hear the parties. If the appeal is only as to the extent or the legality of the sentence, the Court may dispose of the appeal without sending for the record.

What does Section 385 CrPC say where the only ground for appeal is the severity of the sentence?▼

Where the only ground for appeal from a conviction is the alleged severity of the sentence, the appellant shall not, except with the leave of the Court, urge or be heard in support of any other ground.

Where is Section 385 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 385(1) CrPC is found in Section 426(1) BNSS, Section 385(2) CrPC in Section 426(2) BNSS and Section 385(3) CrPC in Section 426(3) 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: 20 Oct 2026 ·