Appeal by the State Government against sentence
Section 377 of the Code of Criminal Procedure, 1973 deals with appeal by the State Government against sentence. Save as otherwise provided in sub-section (2), the State Government may, in any case of conviction on a trial held by any Court other than a High Court, direct the Public Prosecutor to present an appeal to the High Court against the sentence on the ground of its inadequacy. 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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) Save as otherwise provided in sub-section (2), the State Government may, in any case of conviction on a trial held by any Court other than a High Court, direct the Public Prosecutor to present an appeal to the High Court against the sentence on the ground of its inadequacy.
(2) if such conviction is in a case in which the offence has been investigated by the Delhi Special Police Establishment, constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946) or by any other agency empowered to make investigation into an offence under any Central Act
other than this Code, 1[the Central Government may also direct] the Public Prosecutor to present an appeal to the High Court against the sentence on the ground of its inadequacy.
(3) When an appeal has been filed against the sentence on the ground of its inadequacy, the High Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused may plead for his acquittal or for the reduction of the sentence.
Section 377, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 418 Appeal by State Government against sentence Text carried over almost unchanged 87%
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 The repealed enactment still governs what happened while it was in force.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.
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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State vs Lalit Kumar Mittal
Court's Decision & Legal Precedent
Following the amendment to Section 377 of the Criminal Procedure Code, 1973, effective June 23, 2006, appeals against orders on sentence passed by Magistrate courts must be filed before and heard by the Court of Sessions, not the High Court. The High Court lacks jurisdiction to entertain such appeals post-amendment.
On this section: The procedural provision governing appeals against sentences. The order discusses the amendment to this section effective June 23, 2006, which changed the appellate forum from High Court to Sessions Court for Magistrate-level sentence appeals
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M.c.d. vs Rajesh Goyal
Court's Decision & Legal Precedent
When an appellate court (Additional Sessions Judge) has upheld the conviction of an accused but modified the sentence, the High Court will not exercise its discretion to grant special leave to appeal unless there are compelling reasons based on the totality of facts and circumstances that demonstrate the need for interference.
On this section: Special leave to appeal provision invoked by the appellant to challenge the Additional Sessions Judge's order; the High Court exercised its discretion under this section to dismiss the petition
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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… Ltd. <sup>4</sup> <sup>1</sup> (2008) SCC Online Sikk 2: AIR 2008 Sikk 13 <sup>(2021) 10</sup> SCC 789 <sup>3</sup> (2020) 10 SCC 654 <sup>4</sup> (2023)458 ITR 20 : 2023 SCC OnLine Del 5119 5. In Raju Chettri (supra), a delay of 450 days for filing an appeal for enhancement of sentence under Section 377 of the Code of Criminal Procedure, 1973 was condoned after examining the law laid down by the Supreme Court in Shakuntala Devi Jain vs. Kuntal Kumari<sup>5</sup> , New India Insurance Co. Ltd. vs. Smt. Shanti Misra<sup>6</sup> , G. Ramegowda, Major vs. Special Land Acquisition Officer<sup>7</sup> and State of …
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… Appellant (Crime No.67 of 2012) -vs- 1.Rajamanickam 2.Mariyaraj 3.Esuraj @ Esudoss 4.Stephen ... Respondents PRAYER: Appeal filed under Section 377 of the Code of Criminal Procedure against the judgment dated 10.07.2019, in S.C.No.76 of 2013, on the file of the Additional District and Sessions Court, Virudhunagar. Page 2 of 22 | …
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… (BY MR P.P. CHAUHAN AND MR. SAHIL VERMA, ADVOCATES) Whether approved for reporting? [1]( page-0-0) No This petition coming on for admission this day, the Court passed the following: J U D G M E N T By way of this appeal, filed under Section 377 of the Code of Criminal Procedure, the appellant/State has assailed the judgment passed by the Court of learned Additional Sessions Judge-II, Kangra at Dharamshala, Distt. Kangra, H.P., in Criminal Appeal No.6D/X/2016, titled as Ravinder Kumar Versus The State of Himachal Pradesh, vide which the learned …
Questions about Section 377
What have the courts held on Section 377 of the Code of Criminal Procedure?
State vs Lalit Kumar Mittal (07 Sep 2006) is the leading judgment on this section among those set out below: The procedural provision governing appeals against sentences. The order discusses the amendment to this section effective June 23, 2006, which changed the appellate forum from High Court to Sessions Court for Magistrate-level sentence appeals. Another 1 judgment on this section is set out below. They run from 2005 to 2006.
How do I find court cases under Section 377 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 377, section 377 CRPC, section 377 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 State vs Lalit Kumar Mittal (07 Sep 2006).
What should I read with Section 377 of the Code of Criminal Procedure, and has it changed?
4 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 418 (Appeal by State Government against sentence), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 377 of the Code of Criminal Procedure come into force?
Section 377 of the Code of Criminal Procedure, cited as CRPC 377, 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.