Appeal
Section 341 of the Code of Criminal Procedure, 1973 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 340, 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 The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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 340, 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 195, 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 340, 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 340, shall be final, and shall not be subject to revision.
Section 341, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 380 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 The repealed enactment still governs what happened while it was in force.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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David John vs State of Kerala
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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Chalitar Rai vs The State of Bihar
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.
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Jijimon K.M. vs State Of Kerala
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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Mohan Lal Jatia vs Registrar General
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
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… AJITHKUMAR, J. ----------------------------------------------------------- Crl.A.No132 of 2016 ----------------------------------------------------------- Dated this the 20th day of May, 2024 J U D G M E N T This is an appeal filed under Section 341 of the Code of Criminal Procedure, 1973(Code). 2. The First Additional Sessions Judge, Kozhikode ordered to file a complaint against the appellant under Section 195 (1)(b) of the Code for the offence punishable under Section 194 of the Indian Penal Code, 1860. The trial court after holding an enquiry as …
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… JUSTICE ANOOP KUMAR MENDIRATTA % J U D G M E N T ANOOP KUMAR MENDIRATTA, J (ORAL) CRL.M.A. 31837/2023 Exemption allowed, subject to just exceptions. Application stands disposed of. CRL.A. 963/2023 1. An appeal under Section 341 of the Code of Criminal Procedure, 1973 (Cr.P.C) has been preferred on behalf of the appellant against order dated 11.09.2023, passed by learned Special Judge (NDPS)-02, Central District, Tis Hazari, whereby an application preferred on behalf of the appellant under Section 195 read with Section 340 Cr.P.C. for …
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… NO.1999/2018 Sandeep Gupta Vs. Anuradha Patel alias Anuradha Gupta Appellant present in person. None for the respondent. J U D G M E N T (26/04/2019) The appellant has filed this appeal under Section 341 of the Code of Criminal Procedure, 1973 being aggrieved by the order dated 18/01/2018 passed in private complaint case filed under Section 340 of Cr.P.C. before the 2nd Additional District Judge, Itarsi, Distt. Hoshangabad and prays to take cognizance against the respondent who cited wrong facts in the affidavit …
Questions about Section 341
What have the courts held on Section 341 of the Code of Criminal Procedure?
David John vs State of Kerala (16 Oct 2024) is the leading judgment on this section among those set out below: Provides right of appeal for persons against whom perjury complaints are made; cited to establish the witness's right to appeal. Another 3 judgments on this section are set out below. They run from 2010 to 2024.
How do I find court cases under Section 341 of the Code of Criminal Procedure?
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 341, section 341 CRPC, section 341 of the Code of Criminal Procedure. 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 David John vs State of Kerala (16 Oct 2024).
What should I read with Section 341 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 195 (Prosecution for contempt of lawful authority of public servants, foroffences against public justice and for offences relating to documentsgiven in evidence), section 340 (Procedure in cases mentioned in section 195), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 380 (Appeal), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 341 of the Code of Criminal Procedure come into force?
Section 341 of the Code of Criminal Procedure, cited as CRPC 341, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.