CrPC Section 374: Appeals from convictions
Code of Criminal Procedure, 1973 · Chapter 29: Appeals
Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
¶ 374. Appeals from convictions.- (1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.
¶
(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years 1 [has been passed against him or against any other person convicted at the same trial]; may appeal to the High Court.
¶(3) Save as otherwise provided in sub-section (2), any person,-
¶(a) convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the first class or of the second class, or
¶(b) sentenced under section 325, or
¶(c) in respect of whom an order has been made or a sentence has been passed under section 360 by any Magistrate, may appeal to the Court of Session.
¶STATE AMENDMENTS
¶Punjab and Union Territory of Chandigarh:
¶In section 374, in sub-section (3), for the words "Magistrate of the first class" the words "Executive Magistrate", shall be substituted.
¶*[Vide Punjab Act. 22 of 1983 (w.e.f. 27-6-1983)]
Study: explanations and related material
Now BNSS 415 (corresponding section). CrPC → BNSS converterSource: BPR&D BNSS–CrPC corresponding section table (UP Police, 2024-07-03), p21
Official reference: Ministry of Home Affairs: historical CrPC reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately. Section 135 was restored and individually checked against the linked government PDF (pages 75–76) on 2026-10-02; this is not a verification of the whole collection. Schedules and forms are not consolidated here. Historical code retained for reference; read the repeal/savings provisions in the successor code.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 372. No appeal to lie unless otherwise provided
- 373. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
- 375. No appeal in certain cases when accused pleads guilty
- 376. No appeal in petty cases
- 377. Appeal by the State Government against sentence
- 378. Appeal in case of acquittal
- 379. Appeal against conviction by High Court in certain cases
- 380. Special right of appeal in certain cases
- 381. Appeal to Court of Session how heard
- 382. Petition of appeal
- 383. Procedure when appellant in jail
- 384. Summary dismissal of appeal
- 385. Procedure for hearing appeals not dismissed summarily
- 386. Powers of the Appellate Court
- 387. Judgments of subordinate Appellate Court
- 388. Order of High Court on appeal to be certified to lower Court
- 389. Suspension of sentence pending the appeal; release of appellant on bail
- 390. Arrest of accused in appeal from acquittal
- 391. Appellate Court may take further evidence or direct it to be taken
- 392. Procedure where Judges of Court of appeal are equally divided
- 393. Finality of judgments and orders on appeal
- 394. Abatement of appeals