Arrest of accused in appeal from acquittal
Section 390 of the Code of Criminal Procedure, 1973 deals with arrest of accused in appeal from acquittal. When an appeal is presented under section 378, the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail. 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
When an appeal is presented under section 378, the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail.
Section 390, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 431 Arrest of accused in appeal from acquittal 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 The repealed enactment still governs what happened while it was in force.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.
This section refers to
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.
-
The State of Maharashtra vs Balkrushna Maruti Ahir
Court's Decision & Legal Precedent
When a criminal application is admitted by the High Court under Section 390 CrPC, and the respondent's detention is found to be unjustified, the court shall direct the respondent's immediate enlargement on appropriate bail to prevent further deprivation of liberty pending the substantive hearing of the application.
On this section: Section 390 CrPC provides for the procedure and powers of the High Court in criminal matters. The court invoked this section as the basis for its action in admitting the application and directing bail enlargement.
-
The State of Maharashtra vs Mohammed Hanif Pradhan Shaikh
Court's Decision & Legal Precedent
A Criminal Application filed by the State of Maharashtra challenging a Sessions Court order is admissible before the High Court, and upon admission, the Sessions Judge must issue notice to the respondents in terms of Section 390 Cr.P.C. to enable them to present their case before the High Court.
On this section: The court directed the Sessions Judge to issue notice in terms of Section 390 Cr.P.C., which pertains to the procedure for issuance of notice to respondents in criminal matters
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 390
What have the courts held on Section 390 of the Code of Criminal Procedure?
The State of Maharashtra vs Balkrushna Maruti Ahir (22 Mar 2013) is the leading judgment on this section among those set out below: Section 390 CrPC provides for the procedure and powers of the High Court in criminal matters. The court invoked this section as the basis for its action in admitting the application and directing bail enlargement. Another 1 judgment on this section is set out below. They run from 2008 to 2013.
How do I find court cases under Section 390 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 390, section 390 CRPC, section 390 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 The State of Maharashtra vs Balkrushna Maruti Ahir (22 Mar 2013).
What should I read with Section 390 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 378 (Appeal in case of acquittal), so none of them can safely be read on its own. 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 431 (Arrest of accused in appeal from acquittal), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 390 of the Code of Criminal Procedure come into force?
Section 390 of the Code of Criminal Procedure, cited as CRPC 390, 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.