No appeal in petty cases
Section 376 of Crpc 1973 deals with no appeal in petty cases. Notwithstanding anything contained in section 374, there shall be no appeal by a convicted person in any of the following cases, namely :- (a) where a High Court passes only a sentence of imprisonment for a term not exceeding six months or of fine not exceeding one thousand rupees, or of both such i
Notwithstanding anything contained in section 374, there shall be no appeal by a convicted person in any of the following cases, namely :- (a) where a High Court passes only a sentence of imprisonment for a term not exceeding six months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine;
(b) where a Court of Session or a Metropolitan Magistrate passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine;
(c) where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees; or (d) where, in a case tried summarily, a Magistrate empowered to act under section 260 passes only a sentence of fine not exceeding two hundred rupees:
Provided that an appeal may be brought against such sentence if any other punishment is combined with it, but such sentence shall not be appealable merely on the ground- (i) that the person convicted is ordered to furnish security to keep the peace; or (ii) that a direction for imprisonment in default of payment of fine is included in the sentence; or (iii) that more than one sentence of fine is passed in the case, if the total amount of fine imposed does not exceed the amount hereinbefore specified in respect of the case.
Section 376, 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
Referred to by 14
- s. 26 Courts by which offences are triable
- s. 29 Sentences which Magistrates may pass
- s. 154 Information in cognizable cases
- s. 161 Examination of witnesses by police
- s. 164 Recording of confessions and statements
- s. 173 Report of police officer on completion of investigation
- s. 174 Police to enquire and report on suicide, etc
- s. 309 Power to postpone or adjourn proceedings
- s. 327 Court to be open
- s. 357C Treatment of victims
- s. 374 Appeals from convictions
- s. 377 Appeal by the State Government against sentence
and 2 more
Questions about Section 376
What does Section 376 of the Crpc 1973 deal with?
Section 376 of the Crpc 1973 is headed "No appeal in petty cases". Notwithstanding anything contained in section 374, there shall be no appeal by a convicted person in any of the following cases, namely :- (a) where a High Court passes only a sentence of imprisonment for a term not exceeding six months or of fine not exceeding one thousand rupees, or of both such i
How do I find court cases under Section 376 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 376, section 376 CRPC 1973, section 376 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 376 of the Crpc 1973, and has it changed?
Its own text turns on section 260 (Power to try summarily), section 374 (Appeals from convictions), so none of them can safely be read on its own. 14 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
- 484. Repeal and savings27268 words
- 167. Procedure when investigation cannot be completed in twenty-four hours3284 words
- 357. Order to pay compensation1662 words
- 320. Compounding of offences1525 words
- 23. Subordination of Executive Magistrates1427 words
- 197. Prosecution of Judges and public servants1384 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. 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.