No appeal in petty cases
Section 376 of the Code of Criminal Procedure, 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 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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, 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 any 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, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 417 No appeal in petty cases Text carried over almost unchanged 99%
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 The repealed enactment still governs what happened while it was in force.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
Referred to by 1
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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Suresh Kumar @ Mukesh vs State Nct of Delhi
Court's Decision & Legal Precedent
When a Sessions Court erroneously converts a revision petition into an appeal and decides it as such, the High Court should set aside such order and remand the matter for the Sessions Court to consider the petition as a revision petition on merits, notwithstanding that no appeal would have been maintainable under Section 376(b) CrPC in petty cases.
On this section: Section 376(b) prohibits appeals in petty cases where sentence is imprisonment not exceeding three months or fine not exceeding two hundred rupees. Applied to hold that no appeal lies against the Railway Magistrate's order imposing one month imprisonment.
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C.m.model School vs State
Court's Decision & Legal Precedent
An appeal against a criminal conviction cannot be maintained under the Criminal Procedure Code, 1973, when the sentence awarded does not exceed three months, as per Section 376 of the CrPC. In such cases, the aggrieved party must seek alternative remedies available under law.
On this section: This section bars appeals in cases where the sentence awarded does not exceed three months. The respondent's counsel raised this as a preliminary objection to the maintainability of the present appeal, which proved decisive in the disposal of the case
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 376
What have the courts held on Section 376 of the Code of Criminal Procedure?
Suresh Kumar @ Mukesh vs State Nct of Delhi (05 Oct 2006) is the leading judgment on this section among those set out below: Section 376(b) prohibits appeals in petty cases where sentence is imprisonment not exceeding three months or fine not exceeding two hundred rupees. Applied to hold that no appeal lies against the Railway Magistrate's order imposing one month imprisonment. Another 1 judgment on this section is set out below.
How do I find court cases under Section 376 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 376, section 376 CRPC, section 376 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 Suresh Kumar @ Mukesh vs State Nct of Delhi (05 Oct 2006).
What should I read with Section 376 of the Code of Criminal Procedure, 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. 1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 417 (No appeal in petty cases), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 376 of the Code of Criminal Procedure come into force?
Section 376 of the Code of Criminal Procedure, cited as CRPC 376, 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.