Appeal
Section 380 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with appeal. Any person on whose application any Court other than a High Court has refused to make a complaint under sub-section (1) or sub-section (2) of section 379, or against whom such a complaint has been made by such Court, may appeal to the Court to which such former Court is subordinate within the meanin The Act came into force on 01 Jul 2024.
(1) Any person on whose application any Court other than a High Court has refused to make a complaint under sub-section (1) or sub-section (2) of section 379, or against whom such a complaint has been made by such Court, may appeal to the Court to which such former Court is subordinate within the meaning of sub-section (4) of section 215, and the superior Court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint, or, as the case may be, making of the complaint which such former Court might have made under section 379, and, if it makes such complaint, the provisions of that section shall apply accordingly.
(2) An order under this section, and subject to any such order, an order under section 379, shall be final, and shall not be subject to revision.
Section 380, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 341 Appeal Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Jijimon K.M. vs State Of Kerala
Decided under Code of Criminal Procedure 341, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Where a deponent in a judicial proceeding, particularly a police officer who is a party to the suit, is fully aware that disciplinary proceedings and punishment imposed in connection with the very incident that is subject matter of the suit are highly relevant to the case, and such deponent deliberately denies the existence of such punishment when specifically questioned during cross-examination, knowing such denial to be false, a prima facie case is made out for investigating alleged false evidence under Section 193 IPC. It is expedient in the interests of justice to initiate proceedings under Section 340 CrPC in such circumstances, as the false evidence goes to the credibility and integrity of the witness and the administration of justice itself.
On this section: Appeal procedure; cited as basis for respondent's appeal to Additional District Judge
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David John vs State of Kerala
Decided under Code of Criminal Procedure 341, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a witness is prosecuted for perjury under Section 193 IPC following a trial, and an appeal is pending against the decision in the main judicial proceeding (filed by parties to the main case, not by the witness under Section 341 CrPC), the trial court must stay the perjury proceedings until the appellate court disposes of the appeal. This is because the appellate court may accept the witness's testimony as truthful, and allowing the perjury conviction to proceed would create an anomalous situation where the witness is convicted for perjury despite the higher court finding their testimony credible. Section 343(2) CrPC provides the legal basis for such adjournment.
On this section: Provides right of appeal for persons against whom perjury complaints are made; cited to establish the witness's right to appeal
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Mohan Lal Jatia vs Registrar General
Decided under Code of Criminal Procedure 341, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A complaint filed by the Registrar General of the Supreme Court under Section 340 Cr.P.C. must be treated as if instituted on a police report in accordance with Section 343(1) Cr.P.C., notwithstanding the provisions of Chapter XV relating to complaint cases. Consequently, the trial shall proceed as a warrant trial case on a police report, and pre-charge evidence recording is not required when the investigating agency (CBI) has already completed its investigation and material is available on record. The procedure under Sections 245 and 246 Cr.P.C. (applicable to warrant trial cases on complaint) does not apply to such cases.
On this section: Related provision to Section 340 regarding offences affecting administration of justice
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Chalitar Rai vs The State of Bihar
Decided under Code of Criminal Procedure 341, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a specific statutory remedy is available under the Code of Criminal Procedure (such as Section 341 Cr.P.C. for appealing against rejection of a complaint under Section 340), the High Court's inherent jurisdiction under Section 482 Cr.P.C. cannot be invoked to bypass that remedy. The petitioner must exhaust the statutory remedy by appealing to the subordinate court hierarchy before seeking High Court intervention.
On this section: Appeal against refusal to make complaint under Section 340. Court held this is the proper statutory remedy available to the petitioner instead of approaching the High Court under Section 482.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 380
What have the courts held on Section 380 of the Bharatiya Nagarik Suraksha Sanhita?
Jijimon K.M. vs State Of Kerala (16 Aug 2023) is the leading judgment on this section among those set out below, though it was decided under CRPC 341, which this section replaced -- the court never mentioned this Act: Appeal procedure; cited as basis for respondent's appeal to Additional District Judge. Another 3 judgments on this section are set out below. They run from 2010 to 2024.
How do I find court cases under Section 380 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 380, section 380 BNSS, section 380 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type 380 bnss act and 380 bnss in crpc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 4 reported judgments on this section are set out on this page, beginning with Jijimon K.M. vs State Of Kerala (16 Aug 2023).
What should I read with Section 380 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 215 (. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence), section 379 (Procedure in cases mentioned in section 215), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. It carries forward CrPC 341 (Appeal), so the judgments decided under that provision are the case law on this one.
When did Section 380 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 380 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 380, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.