Petition of appeal
Section 382 of the Code of Criminal Procedure, 1973 deals with petition of appeal. Every appeal shall be made in the form of a petition in writing presented by the appeallant or his pleader, and every such petition shall (unless the Court to which it is presented otherwise directs) be accompanied by a copy of the judgment or order appealed against. 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
Every appeal shall be made in the form of a petition in writing presented by the appeallant or his pleader, and every such petition shall (unless the Court to which it is presented otherwise directs) be accompanied by a copy of the judgment or order appealed against.
Section 382, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 423 Petition of appeal Text carried over almost unchanged 89%
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 The repealed enactment still governs what happened while it was in force.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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P.rakesh Kumar vs The State of Telangana
Court's Decision & Legal Precedent
A non-bailable warrant pending against an accused cannot be used as a ground to refuse the accused's application for certified copies of case documents. The High Court, exercising powers under Section 382 CrPC, can direct the trial court to recall the NBW upon the accused executing a bond for a specified amount with a surety and committing to regular court appearance, thereby enabling the accused to access case documents and participate in trial proceedings.
On this section: Jurisdiction of High Court to issue directions to subordinate courts for proper administration of justice and to recall non-bailable warrants
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H.B.CHANDRASHEKAR vs H.N.PURA TOWN P.S
Court's Decision & Legal Precedent
Once the prosecution establishes that the accused was entrusted with public funds, had a liability to account for the amount received, and failed to do so, the burden shifts to the accused to explain his conduct by preponderance of probability. If the accused fails to provide a credible explanation, the charge of misappropriation is brought home to him. Furthermore, refund of misappropriated funds does not absolve a government servant or public official from criminal liability under Section 408 IPC, and age is not a valid ground for showing leniency in such cases.
On this section: Provides the procedure for filing criminal appeals against conviction and sentence. The appellant filed the appeal 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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… Appellant/Accused -vs- The State represented by The Inspector of Police B-2.R.S.Puram Police Station Coimbatore Crime No.1557/2010 ... Respondent/Complainant Criminal Appeal filed Under Section 374(2) r/w 382 of the code of Criminal Procedure praying this court ot allow this appeal and setaside and judgment, conviction and sentence dated 20.12.2012 on the file of the IV Additional District cum and Sessions Judge, coimbatore convicting the Appellants under Section 4 of the Tami Nadu Property(Prevention of Demage and Loss) …
Questions about Section 382
What have the courts held on Section 382 of the Code of Criminal Procedure?
P.rakesh Kumar vs The State of Telangana (15 Mar 2016) is the leading judgment on this section among those set out below: Jurisdiction of High Court to issue directions to subordinate courts for proper administration of justice and to recall non-bailable warrants. Another 1 judgment on this section is set out below. They run from 2013 to 2016.
How do I find court cases under Section 382 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 382, section 382 CRPC, section 382 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 P.rakesh Kumar vs The State of Telangana (15 Mar 2016).
What should I read with Section 382 of the Code of Criminal Procedure, and has it changed?
2 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 423 (Petition of appeal), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 382 of the Code of Criminal Procedure come into force?
Section 382 of the Code of Criminal Procedure, cited as CRPC 382, 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.