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Section374
Crpc 1973

Appeals from convictions

Repealed Act 2 of 1974 As on 17 Oct 2026

Read from the scanned gazette. India Code publishes no text for this Act, so the text below was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Act 2 of 1974 Cited by 3 provisions

This is a second copy of a Central Act. India Code files it on Rajasthan's shelf as well as under Parliament, and the text is the same enactment. Read it at The Code of Criminal Procedure, 1973, which is the record this site keeps current.

Read from the scanned gazette. India Code publishes no text for this Act, so this text was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Section 374 of Crpc 1973 deals with appeals from convictions. Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.

(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 2[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. 3[(4) When an appeal has been filed against a sentence passed under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code (45 of 1860), the appeal shall be disposed of within a period of six months from the date of filing of such appeal.] STATE AMENDMENT Assam In Section 374 of the Code, in clause (a) of sub-section (3), for the words "Magistrate of the first class, or of the second class," the words "Magistrate of the first class, Executive Magistrate or a Magistrate of the second class," shall be substituted. [Vide Assam Act 3 of 1984, s. 3(3) and the Schedule.]

Section 374, Crpc 1973 (Act 2 of 1974).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

  1. s. 325 Procedure when Magistrate cannot pass sentence sufficiently severe
  2. s. 360 Order to release on probation of good conduct or after admonition
  3. s. 376 No appeal in petty cases

Referred to by 3

  1. s. 355 Metropolitan Magistrate's judgment
  2. s. 375 No appeal in certain cases when accused pleads guilty
  3. s. 376 No appeal in petty cases

Questions about Section 374

What does Section 374 of the Crpc 1973 deal with?

Section 374 of the Crpc 1973 is headed "Appeals from convictions". Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.

How do I find court cases under Section 374 of the Crpc 1973?

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: CRPC 1973 374, section 374 CRPC 1973, section 374 of the Crpc 1973. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 374 of the Crpc 1973, and has it changed?

Its own text turns on section 325 (Procedure when Magistrate cannot pass sentence sufficiently severe), section 360 (Order to release on probation of good conduct or after admonition), section 376 (No appeal in petty cases), so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it.

When was the Crpc 1973 enacted?

Crpc 1973 was enacted in 1974 as Act 2 of 1974. India Code records no commencement date for it. It is no longer in force.

Other sections of this Act

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. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/d6704d19-8614-4131-9317-7b9b9809d0c5.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/e65f6054-803f-42a5-9f41-bd7fbeabcb51/content). This page is not a substitute for legal advice.