CrPC Section 389: Suspension of sentence pending the appeal; release of appellant on bail
Code of Criminal Procedure, 1973 · Chapter 29: Appeals
Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
¶ 389. Suspension of sentence pending the appeal; release of appellant on bail.- (1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond.
¶
*[Provided that the Appellate Court shall, before releasing on bail or on his own bond a convicted person who is convicted of an offence punishable with death or imprisonment for life or imprisonment for a term of not less than ten years, shall give opportunity to the Public Prosecutor for showing cause in writing against such release:
¶Provided further that in cases where a convicted person is released on bail it shall be open to the Public Prosecutor to file an application for the cancellation of the bail.]
¶(2) The power conferred by this section on an Appellate Court may be exercised also by the High Court in the case of an appeal by convicted person to a Court subordinate thereto.
¶(3) Where the convicted person satisfies the Court by which he is convicted that he intends to present an appeal, the Court shall,-
¶(i) where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years, or
¶(ii) where the offence of which such person has been convicted is a bailable one, and he is on bail,
¶
order that the convicted person be released on bail unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub-section (1), and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended.
¶(4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced.
¶*[Inserted vide The Code of Criminal Procedure (Amendment) Act, 2005]
Study: explanations and related material
Now BNSS 430 (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
- 374. Appeals from convictions
- 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
- 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