Finality of judgments and orders on appeal
Section 393 of the Code of Criminal Procedure, 1973 deals with finality of judgments and orders on appeal. Judgments and orders passed by an Appellate Court upon an appeal shall be final, except in the cases provided for in section 377, section 378, sub- section (4) of section 384 or Chapter XXX : Provided, that notwithstanding the final disposal of an appeal against conviction in any case, the Appellate 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
Judgments and orders passed by an Appellate Court upon an appeal shall be final, except in the cases provided for in section 377, section 378, sub- section (4) of section 384 or Chapter XXX :
Provided, that notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, oil the merits,-
(a) an appeal against acquittal under section 378, arising out of the same case, or
(b) an appeal for the enhancement of sentence under section 377, arising out of the same case.
Section 393, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 434 Finality of judgments and orders on appeal Text carried over almost unchanged 95%
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 The repealed enactment still governs what happened while it was in force.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.
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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: Finality of judgments and orders on appeal; court held this provision makes appellate court order final except in specified exceptions, none of which applied here
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Dinesh Chander Sharma vs State of Hp
Court's Decision & Legal Precedent
A petition challenging the same orders that were previously challenged in an earlier petition before the High Court is not maintainable under Article 227 of the Constitution and Section 482 CrPC. The finality doctrine enshrined in Sections 362 and 393 CrPC precludes a court from re-opening and re-adjudicating orders that have already been disposed of. Permission to file fresh proceedings for 'other grievances' does not extend to re-challenging orders that were the subject matter of a previous petition.
On this section: Finality of judgments and orders on appeal - Appellate Court judgments and orders are final except in cases provided for in Sections 377, 378, 384 or Chapter XXX. Applied to establish the principle that once orders are disposed of, they cannot be re-challenged.
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 393
What have the courts held on Section 393 of the Code of Criminal Procedure?
The State of Madhya Pradesh vs Rampal Kushwaha (30 Jun 2016) is the leading judgment on this section among those set out below: Finality of judgments and orders on appeal; court held this provision makes appellate court order final except in specified exceptions, none of which applied here. Another 1 judgment on this section is set out below. They run from 2016 to 2020.
How do I find court cases under Section 393 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 393, section 393 CRPC, section 393 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 Madhya Pradesh vs Rampal Kushwaha (30 Jun 2016).
What should I read with Section 393 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), section 384 (Summary dismissal of appeal), 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 434 (Finality of judgments and orders on appeal), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 393 of the Code of Criminal Procedure come into force?
Section 393 of the Code of Criminal Procedure, cited as CRPC 393, 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.