Section 393 CrPC: Finality of judgments and orders on appeal

Code of Criminal Procedure, 1973

Section 393 CrPC at a Glance

Section 393 CrPC deals with finality of judgments and orders on appeal. From 1 July 2024 it is replaced by Section 434 BNSS.

Now BNSS

Section 434 →

What Section 393 CrPC Says

393. Finality of judgments and orders on appeal

Judgments and orders passed by an Appellate Court upon an appeal shall be final, except in the cases provided for in section 377, section 378, sub-section (4) of section 384 or Chapter XXX:

Provided that notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits,—

(a) an appeal against acquittal under section 378, arising out of the same case, or (b) an appeal for the enhancement of sentence under section 377, arising out of the same case.

Source: Section 393, Code of Criminal Procedure, 1973

Section 393 CrPC in Simple Words

Section 393 of the Code of Criminal Procedure, 1973 says that judgments and orders passed by an Appellate Court upon an appeal shall be final, except in the cases provided for in Section 377 CrPC, Section 378 CrPC, Section 384(4) CrPC or Chapter XXX of the Code.

Its proviso says that, notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits, an appeal against acquittal under Section 378 CrPC, arising out of the same case, or an appeal for the enhancement of sentence under Section 377 CrPC, arising out of the same case.

When Section 393 CrPC Applies

  • Under Section 393 CrPC, judgments and orders passed by an Appellate Court upon an appeal shall be final.
  • Under Section 393 CrPC, the exceptions are the cases provided for in Section 377 CrPC, Section 378 CrPC, Section 384(4) CrPC or Chapter XXX of the Code of Criminal Procedure, 1973.
  • Under the proviso to Section 393 CrPC, notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits, an appeal against acquittal under Section 378 CrPC, arising out of the same case.
  • Under the proviso to Section 393 CrPC, the Appellate Court may also hear and dispose of, on the merits, an appeal for the enhancement of sentence under Section 377 CrPC, arising out of the same case.

Example of Section 393 CrPC

Ramesh's appeal against conviction is finally disposed of by the Appellate Court. An appeal against acquittal under Section 378 CrPC, arising out of the same case, is pending. Under the proviso to Section 393 CrPC, notwithstanding the final disposal of the appeal against conviction, the Appellate Court may hear and dispose of, on the merits, the appeal against acquittal under Section 378 CrPC.

When Section 393 CrPC Does Not Apply

  • Section 393 CrPC speaks of the finality of judgments and orders on appeal. It does not deal with the procedure where Judges of the Court of Appeal are equally divided, the subject of Section 392 CrPC.
  • Section 393 CrPC speaks of the finality of judgments and orders on appeal. It does not deal with the abatement of appeals, the subject of Section 394 CrPC.

Section 393 CrPC Under BNSS 434: What Changed

Section 393 CrPC is now covered under Section 434 BNSS.

From 1 July 2024, Section 434 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 393 of the Code of Criminal Procedure, 1973, with the same heading. Section 434 BNSS refers to Section 418 BNSS, Section 419 BNSS, Section 425(4) BNSS and Chapter XXXII of the Sanhita where Section 393 CrPC referred to Section 377 CrPC, Section 378 CrPC, Section 384(4) CrPC and Chapter XXX of the Code. The proviso to Section 434 BNSS refers to Section 419 BNSS and Section 418 BNSS where the proviso to Section 393 CrPC referred to Section 378 CrPC and Section 377 CrPC.

View detailed comparison (CrPC 393 vs BNSS 434) →

FAQs on Section 393 CrPC

What does Section 393 CrPC say about judgments and orders passed by an Appellate Court?▼

Section 393 of the Code of Criminal Procedure, 1973 says that judgments and orders passed by an Appellate Court upon an appeal shall be final, except in the cases provided for in Section 377 CrPC, Section 378 CrPC, Section 384(4) CrPC or Chapter XXX of the Code.

What does the proviso to Section 393 CrPC say?▼

The proviso to Section 393 of the Code of Criminal Procedure, 1973 says that, notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits, an appeal against acquittal under Section 378 CrPC, arising out of the same case, or an appeal for the enhancement of sentence under Section 377 CrPC, arising out of the same case.

Which sections does Section 393 CrPC name as exceptions?▼

Section 393 of the Code of Criminal Procedure, 1973 names the cases provided for in Section 377 CrPC, Section 378 CrPC, Section 384(4) CrPC and Chapter XXX of the Code.

Where is Section 393 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 393 of the Code of Criminal Procedure, 1973 has no sub-sections, and maps as a whole to Section 434 BNSS, which carries the same heading, Finality of judgments and orders on appeal. The proviso to Section 393 CrPC is found in the proviso to Section 434 BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·