No Appeal in certain cases when accused pleads guilty
Section 375 of the Code of Criminal Procedure, 1973 deals with no Appeal in certain cases when accused pleads guilty. Notwithstanding anything contained in section 374, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal,- (a) if the conviction is by a High Court ; 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
Notwithstanding anything contained in section 374, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal,-
(a) if the conviction is by a High Court ; or Subs. by Act 45 of 1976, s. 28 for "has been passed" (w.e.f. 18-12-1978).
(b) if the conviction is by a Court of Session,
Metropolitan Magistrate or Magistrate of the first or second class, except as to the extent or legality of the sentence.
Section 375, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 416 No appeal in certain cases when accused pleads guilty Text carried over almost unchanged 95%
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 The repealed enactment still governs what happened while it was in force.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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Rajesh Kumar @ Rajesh Kr. Paswan vs The State of Bihar
Court's Decision & Legal Precedent
When a criminal appeal is subject to prohibition under Section 375 CrPC affecting its maintainability, and when the revisional power of the High Court is eclipsed by the facts of the case, the High Court may permit withdrawal of the appeal to enable the appellant to pursue alternative constitutional remedies under Articles 226 and 227 of the Constitution of India.
On this section: Prohibition on maintainability of appeal; the court noted that Section 375 CrPC creates a prohibition that affects the maintainability of the criminal appeal
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Inderjit Singh vs State
Court's Decision & Legal Precedent
An appeal against conviction based on a voluntary guilty plea is not maintainable under Section 375 Cr.P.C., but an appeal against the extent of sentence is maintainable. In cases where the appellant is a first-time offender and has already undergone substantial imprisonment, the sentence may be reduced to the period already undergone as a matter of sentencing discretion and judicial compassion.
On this section: Grounds for appeal in criminal cases - court held that appeal against conviction based on voluntary guilty plea is not maintainable under this section
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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… R. Datta, P.P. Mr. R. Saha, Addl. P.P. Date of hearing and delivery of Judgment & Order : 09/07/2025 Whether fit for reporting : YES. HON'BLE JUSTICE DR.T. AMARNATH GOUD HON'BLE MR. JUSTICE BISWAJIT PALIT J U D G M E N T & O R D E R(ORAL) T. AMARNATH GOUD(J) 1. This is an appeal filed under Section 375 of the Code of Criminal Procedure, 1973, against the Judgment and Order of conviction and sentence dated 15.02.2022, passed by the learned Additional Sessions Judge, Dhalai Judicial District, Ambassa, in connection with Case No. ST (Type-1) 35 of 2021, whereby the appellant was convicted and sentenced to undergo …
Questions about Section 375
What have the courts held on Section 375 of the Code of Criminal Procedure?
Rajesh Kumar @ Rajesh Kr. Paswan vs The State of Bihar (29 Apr 2019) is the leading judgment on this section among those set out below: Prohibition on maintainability of appeal; the court noted that Section 375 CrPC creates a prohibition that affects the maintainability of the criminal appeal. Another 1 judgment on this section is set out below. They run from 2009 to 2019.
How do I find court cases under Section 375 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 375, section 375 CRPC, section 375 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. 2 reported judgments on this section are set out on this page, beginning with Rajesh Kumar @ Rajesh Kr. Paswan vs The State of Bihar (29 Apr 2019).
What should I read with Section 375 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 374 (Appeals from convictions), so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNSS 416 (No appeal in certain cases when accused pleads guilty), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 375 of the Code of Criminal Procedure come into force?
Section 375 of the Code of Criminal Procedure, cited as CRPC 375, 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.