Procedure for hearing appeals not dismissed summarily
Section 385 of the Code of Criminal Procedure, 1973 deals with procedure for hearing appeals not dismissed summarily. If the Appellate Court does not dismiss the appeal summarily, it shall cause notice of the time and place at which such appeal will be heard to be given- (i) to the appellant or his pleader; 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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) If the Appellate Court does not dismiss the appeal summarily, it shall cause notice of the time and place at which such appeal will be heard to be given-
(i) to the appellant or his pleader;
(ii) to such officer as the State Government may appoint in this behalf ;
(iii) if the appeal is from a judgment of conviction in a case instituted upon complaint, to the complainant ;
(iv) if the appeal is under section 377 or section 378, to the accused, and shall also furnish such officer, complainant and accused with a copy of the grounds of appeal.
(2) The Appellate Court shall then send for the record of the case, if such record is not already available in that Court, and hear the parties :
Provided that if the appeal is only as to the extent or the legality of the sentence, the Court may dispose of the appeal without sending for the record.
(3) Where the only ground for appeal from a conviction is the alleged severity of the sentence, the appellant shall not, except with the leave of the Court, urge or be heard in support of any other ground.
Section 385, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 426 Procedure for hearing appeals not dismissed summarily 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 The repealed enactment still governs what happened while it was in force.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.
This section refers to
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 issuance of notice to appellant or pleader indicating time and place of appeal hearing
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The State of Madhya Pradesh vs Rampal Kushwaha
Court's Decision & Legal Precedent
Once an appellate court has decided an appeal against acquittal on merit, the order becomes final under section 393 Cr.P.C., and no further appeal by the State under section 378(3) Cr.P.C. is maintainable, even if the State was not made a party in the original appeal. The finality principle applies regardless of whether the appeal was filed by victims under amended section 372 Cr.P.C. or by any other party. The State's remedy in such circumstances is through revision, section 482 Cr.P.C., or constitutional remedies under Article 226 and 227, not through a fresh application for leave to appeal.
On this section: Duty of appellate court to issue notice to State in victim appeals; court issued directive for strict compliance
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 385
What have the courts held on Section 385 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 issuance of notice to appellant or pleader indicating time and place of appeal hearing. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2013 to 2016.
How do I find court cases under Section 385 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 385, section 385 CRPC, section 385 of the Code of Criminal Procedure. People searching for it also type 385 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 Surya Baksh Singh vs State Of Uttar Pradesh (07 Oct 2013).
What should I read with Section 385 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 377 (Appeal by the State Government against sentence), section 378 (Appeal in case of acquittal), so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNSS 426 (Procedure for hearing appeals not dismissed summarily), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 385 of the Code of Criminal Procedure come into force?
Section 385 of the Code of Criminal Procedure, cited as CRPC 385, 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.