Special right of appeal in certain cases
Section 380 of the Code of Criminal Procedure, 1973 deals with special right of appeal in certain cases. Notwithstanding anything contained in this Chapter, when more persons than one are convicted in one trial, and an appealable judgment or order has been passed in respect of any of such persons, all or any of the persons convicted at such trial shall have a right of appeal. 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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 this Chapter, when more persons than one are convicted in one trial, and an appealable judgment or order has been passed in respect of any of such persons, all or any of the persons convicted at such trial shall have a right of appeal.
Section 380, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 421 Special right of appeal in certain 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 The repealed enactment still governs what happened while it was in force.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.
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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Roop Narain Mishra vs State
Court's Decision & Legal Precedent
In a criminal theft case, even if prosecution witnesses turn hostile or are won over by the defence, conviction can be secured if the stolen articles are recovered at the instance of the accused through recovery memos, and the trial court commits error by acquitting the accused solely on the ground of witness hostility without properly evaluating the recovery evidence and other circumstances of the case.
On this section: FIR registration - FIR No. 591/2000 was registered under this section following the theft complaint
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R.V.Ramaiah vs T.H.Manjunatha
Court's Decision & Legal Precedent
In a private complaint case under the Negotiable Instruments Act, when a Magistrate passes an order of acquittal, the complainant cannot appeal against such acquittal order before the Sessions Court. The exclusive remedy available to the complainant is to file an application for special leave to appeal before the High Court under Section 378(4) of the Criminal Procedure Code, 1973. Only after the High Court grants special leave can the complainant prefer an appeal before the High Court. An appeal against acquittal in a complaint case cannot be filed in the Sessions Court under any provision of the Criminal Procedure Code.
On this section: Incorrectly cited by appellant as basis for appeal; court held this section applies only when conviction has been passed, not acquittal. Section 380 provides right of appeal when more than one person is convicted in one trial.
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 380
What have the courts held on Section 380 of the Code of Criminal Procedure?
Roop Narain Mishra vs State (12 May 2014) is the leading judgment on this section among those set out below: FIR registration - FIR No. 591/2000 was registered under this section following the theft complaint. Another 1 judgment on this section is set out below. They run from 2014 to 2015.
How do I find court cases under Section 380 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 380, section 380 CRPC, section 380 of the Code of Criminal Procedure. People searching for it also type 380 crpc pakistan and 380 crpc in bnss. 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 Roop Narain Mishra vs State (12 May 2014).
What should I read with Section 380 of the Code of Criminal Procedure, and has it changed?
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 421 (Special right of appeal in certain cases), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 380 of the Code of Criminal Procedure come into force?
Section 380 of the Code of Criminal Procedure, cited as CRPC 380, 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.