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Section381
The Code of Criminal Procedure, 1973

Appeal to Court of Session how heard

Repealed From 01 Apr 1974 Act 2 of 1974 As on 17 Oct 2026

Act 2 of 1974 Ministry Home Affairs Enacted 25 Jan 1974 In force 01 Apr 1974

This provision is repealed. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024. It is reproduced because conduct before that date is still charged, tried and appealed under it.

Section 381 of the Code of Criminal Procedure, 1973 deals with appeal to Court of Session how heard. Subject to the provisions of sub-section (2), an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge: Provided that an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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) Subject to the provisions of sub-section (2), an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge:

Provided that an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by an Assistant Sessions Judge or a Chief Judicial Magistrate.

(2) An Additional Sessions Judge, Assistant Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him or as the High Court may, by special order, direct him to hear.

Section 381, The Code of Criminal Procedure, 1973 (Act 2 of 1974).

Now in the Bharatiya Nagarik Suraksha Sanhita

BNSS 422 Appeal to Court of Session how heard Text carried over almost unchanged 97%

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 The repealed enactment still governs what happened while it was in force.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.

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.

  1. Khadar Wali vs State of Karnataka

    High Court 18 Apr 2002 Persuasive (High Court)

    Court's Decision & Legal Precedent

    An appellate court cannot summarily dismiss a criminal appeal for non-prosecution without hearing the appellant. Section 381 CrPC mandates that appeals must be heard by the appellate court and disposed of according to law. The High Court has inherent power under Section 482 CrPC to set aside such improper dismissals and remit the matter for proper adjudication.

    On this section: Procedure for hearing and disposal of appeals - requires appellate court to hear the appeal and pass orders according to law, not dismiss summarily

    Read the full order on eCourts India

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 381

What have the courts held on Section 381 of the Code of Criminal Procedure?

Khadar Wali vs State of Karnataka (18 Apr 2002) is the leading judgment on this section among those set out below: Procedure for hearing and disposal of appeals - requires appellate court to hear the appeal and pass orders according to law, not dismiss summarily.

How do I find court cases under Section 381 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 381, section 381 CRPC, section 381 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. 1 reported judgment on this section is set out on this page, beginning with Khadar Wali vs State of Karnataka (18 Apr 2002).

What should I read with Section 381 of the Code of Criminal Procedure, and has it changed?

For anything done on or after 1 July 2024 the provision to read is BNSS 422 (Appeal to Court of Session how heard), which replaced it; conduct before that date is still charged, tried and appealed under this section.

When did Section 381 of the Code of Criminal Procedure come into force?

Section 381 of the Code of Criminal Procedure, cited as CRPC 381, 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

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.