Section 390 CrPC: Arrest of accused in appeal from acquittal

Code of Criminal Procedure, 1973

Section 390 CrPC at a Glance

Section 390 CrPC deals with arrest of accused in appeal from acquittal. From 1 July 2024 it is replaced by Section 431 BNSS.

Now BNSS

Section 431 →

What Section 390 CrPC Says

390. Arrest of accused in appeal from acquittal

When an appeal is presented under section 378, the High Court may issue a warrant directing that the accused be arrested and brought before it or any Subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail.

Source: Section 390, Code of Criminal Procedure, 1973

Section 390 CrPC in Simple Words

Section 390 CrPC deals with an appeal presented under Section 378 CrPC. The High Court may issue a warrant directing that the accused be arrested and brought before it or any Subordinate Court. The Court before which the accused is brought may commit the accused to prison pending the disposal of the appeal or admit the accused to bail.

When Section 390 CrPC Applies

  • Section 390 CrPC applies when an appeal is presented under Section 378 CrPC.
  • The High Court may issue a warrant directing that the accused be arrested and brought before it or any Subordinate Court.
  • The Court before which the accused is brought may commit the accused to prison pending the disposal of the appeal or admit the accused to bail.

Example of Section 390 CrPC

An appeal is presented under Section 378 CrPC against the acquittal of Mohan. The High Court may issue a warrant directing that Mohan be arrested and brought before it or any Subordinate Court. The Court before which Mohan is brought may commit Mohan to prison pending the disposal of the appeal or admit Mohan to bail.

When Section 390 CrPC Does Not Apply

  • Section 390 CrPC speaks of the arrest of the accused in an appeal from acquittal. It does not deal with suspension of sentence pending the appeal or the release of an appellant on bail, which Section 389 CrPC covers.
  • Section 390 CrPC speaks of an appeal presented under Section 378 CrPC. It does not deal with an appeal by the State Government against sentence, which Section 377 CrPC covers.

Section 390 CrPC Under BNSS 431: What Changed

Section 390 CrPC is now covered under Section 431 BNSS.

Section 390 CrPC became Section 431 BNSS from 1 July 2024. The heading is the same. The text is the same except that Section 431 BNSS refers to Section 419 BNSS where Section 390 CrPC referred to Section 378 CrPC.

View detailed comparison (CrPC 390 vs BNSS 431) →

FAQs on Section 390 CrPC

What may the High Court do under Section 390 CrPC when an appeal is presented under Section 378 CrPC?▼

The High Court may issue a warrant directing that the accused be arrested and brought before it or any Subordinate Court.

What may the Court do once the accused is brought before it under Section 390 CrPC?▼

The Court before which the accused is brought may commit the accused to prison pending the disposal of the appeal or admit the accused to bail.

Before which Courts may the accused be brought under Section 390 CrPC?▼

The warrant directs that the accused be arrested and brought before the High Court or any Subordinate Court.

Where is Section 390 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 390 CrPC has no sub-sections, and maps as a whole to Section 431 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 ·