Section 387 CrPC: Judgments of Subordinate Appellate Court

Code of Criminal Procedure, 1973

Section 387 CrPC at a Glance

Section 387 CrPC deals with judgments of Subordinate Appellate Court. From 1 July 2024 it is replaced by Section 428 BNSS.

Now BNSS

Section 428 →

What Section 387 CrPC Says

387. Judgments of Subordinate Appellate Court

The rules contained in Chapter XXVII as to the judgment of a Criminal Court of original jurisdiction shall apply, so far as may be practicable, to the judgment in appeal of a Court of Session or Chief Judicial Magistrate:

Provided that, unless the Appellate Court otherwise directs, the accused shall not be brought up, or required to attend, to hear judgment delivered.

Source: Section 387, Code of Criminal Procedure, 1973

Section 387 CrPC in Simple Words

Section 387 of the Code of Criminal Procedure, 1973 says that the rules contained in Chapter XXVII as to the judgment of a Criminal Court of original jurisdiction shall apply, so far as may be practicable, to the judgment in appeal of a Court of Session or Chief Judicial Magistrate.

Its proviso says that, unless the Appellate Court otherwise directs, the accused shall not be brought up, or required to attend, to hear judgment delivered.

When Section 387 CrPC Applies

  • Section 387 CrPC speaks of the judgment in appeal of a Court of Session or Chief Judicial Magistrate.
  • Under Section 387 CrPC, the rules contained in Chapter XXVII as to the judgment of a Criminal Court of original jurisdiction shall apply to that judgment in appeal.
  • Under Section 387 CrPC, those rules shall apply so far as may be practicable.
  • Under the proviso to Section 387 CrPC, unless the Appellate Court otherwise directs, the accused shall not be brought up, or required to attend, to hear judgment delivered.

Example of Section 387 CrPC

Ramesh's appeal is decided by a Court of Session. Under Section 387 CrPC, the rules contained in Chapter XXVII as to the judgment of a Criminal Court of original jurisdiction shall apply to the judgment in appeal, so far as may be practicable. Under the proviso to Section 387 CrPC, unless the Appellate Court otherwise directs, Ramesh shall not be brought up, or required to attend, to hear judgment delivered.

When Section 387 CrPC Does Not Apply

  • Section 387 CrPC speaks of the judgment in appeal of a Court of Session or Chief Judicial Magistrate. It does not deal with the powers of the Appellate Court, the subject of Section 386 CrPC.
  • Section 387 CrPC speaks of the judgment in appeal of a Court of Session or Chief Judicial Magistrate. It does not deal with the order of the High Court on appeal to be certified to the lower Court, the subject of Section 388 CrPC.

Section 387 CrPC Under BNSS 428: What Changed

Section 387 CrPC is now covered under Section 428 BNSS.

From 1 July 2024, Section 428 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 387 of the Code of Criminal Procedure, 1973, with the same heading. Section 428 BNSS refers to Chapter XXIX where Section 387 CrPC referred to Chapter XXVII. The proviso is in the same words in both.

View detailed comparison (CrPC 387 vs BNSS 428) →

FAQs on Section 387 CrPC

Which judgments does Section 387 CrPC speak of?▼

Section 387 of the Code of Criminal Procedure, 1973 speaks of the judgment in appeal of a Court of Session or Chief Judicial Magistrate. It says that the rules contained in Chapter XXVII as to the judgment of a Criminal Court of original jurisdiction shall apply to that judgment, so far as may be practicable.

What does the proviso to Section 387 CrPC say about the accused?▼

The proviso to Section 387 of the Code of Criminal Procedure, 1973 says that, unless the Appellate Court otherwise directs, the accused shall not be brought up, or required to attend, to hear judgment delivered.

How far do the rules of Chapter XXVII apply under Section 387 CrPC?▼

Section 387 of the Code of Criminal Procedure, 1973 says that the rules contained in Chapter XXVII as to the judgment of a Criminal Court of original jurisdiction shall apply, so far as may be practicable, to the judgment in appeal of a Court of Session or Chief Judicial Magistrate.

Where is Section 387 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 387 of the Code of Criminal Procedure, 1973 has no sub-sections, and maps as a whole to Section 428 BNSS, which carries the same heading, Judgments of subordinate Appellate Court. The proviso to Section 387 CrPC is found in the proviso to Section 428 BNSS.

Have questions about Section 387 CrPC?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

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: 22 Oct 2026 ·