Procedure when appellant in jail
Section 383 of the Code of Criminal Procedure, 1973 deals with procedure when appellant in jail. If the appellant is in jail, he may present his petition of appeal and the copies accompanying the same to the officer in charge of the jail, who shall thereupon forward such petition and copies to the proper Appellate Court. 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
If the appellant is in jail, he may present his petition of appeal and the copies accompanying the same to the officer in charge of the jail, who shall thereupon forward such petition and copies to the proper Appellate Court.
Section 383, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 424 Procedure when appellant in jail Text carried over almost unchanged 100%
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 The repealed enactment still governs what happened while it was in force.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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Surya Baksh Singh vs State Of Uttar Pradesh
Court's Decision & Legal Precedent
The High Court possesses inherent powers under Section 482 of the CrPC to dismiss criminal appeals filed by convicts who deliberately obtain bail or exemption from surrender and thereafter wilfully abscond or fail to prosecute their appeals, provided the Court has first taken reasonable steps to secure the appellant's presence (including proceedings against sureties). However, such dismissal should be preceded by examination of the case on merits where practicable, and the Court must ensure that the appellant has had a fair opportunity to be heard. The ends of justice, which include protection of society and victims' rights alongside convict rights, justify application of Section 482 to prevent abuse of the appellate process by convicts seeking to circumvent their sentences.
On this section: Prescribes that appellant in jail may present appeal through jail officer who forwards it to Appellate Court
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 383
What have the courts held on Section 383 of the Code of Criminal Procedure?
Surya Baksh Singh vs State Of Uttar Pradesh (07 Oct 2013) is the leading judgment on this section among those set out below: Prescribes that appellant in jail may present appeal through jail officer who forwards it to Appellate Court.
How do I find court cases under Section 383 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 383, section 383 CRPC, section 383 of the Code of Criminal Procedure. People searching for it also type 383 crpc in bnss and what is the difference between a 383 and a 383 magnum. 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 Surya Baksh Singh vs State Of Uttar Pradesh (07 Oct 2013).
What should I read with Section 383 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 424 (Procedure when appellant in jail), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 383 of the Code of Criminal Procedure come into force?
Section 383 of the Code of Criminal Procedure, cited as CRPC 383, 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
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