CrPC Section 377: Appeal by the State Government against sentence

Code of Criminal Procedure, 1973 · Chapter 29: Appeals

Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

377. Appeal by the State Government against sentence.- (1) Save as otherwise provided in sub-section (2), the State Government may in any case of conviction on a trial held by any Court other than a High Court, direct the Public prosecutor to present *[an appeal against the sentence on the ground of its inadequacy--


(a) to the Court of session, if the sentence is passed by the Magistrate; and


(b) to the High Court, if the sentence is passed by any other Court";

(b) in sub-section (3), for the words "the High Court", the words "the Court of Session or, as the case may be, the High Court" shall be substituted]

(2) If such conviction is in a case in which the offence has been investigated by the Delhi Special Police Establishment, constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, the Central Government may also direct the Public Prosecutor to present an appeal to the High Court against the sentence on the ground of its inadequacy.

(3) When an appeal has been filed against the sentence on the ground of its inadequacy, the High Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused may plead for his acquittal or for the reduction of the sentence.

*[Substituted by The Code of Criminal Procedure (Amendment) Act, 2005]

Study: explanations and related material

Now BNSS 418 (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.

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