CHAPTER XXIX APPEALS

Section 372: No appeal to lie unless otherwise provided

The Code of Criminal Procedure, 1973 (repealed)

Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024.

No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code by any other law for the time being in force:

¹[Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.]

Footnotes in the official text

1.Ins. by Act 5 of 2009, s. 29 (w.e.f. 31-12-2009).

Now in the BNSS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

372. No appeal to lie unless otherwise provided.

BNSS 413

Questions on this section

3 questions in 5 of our papers cite Section 372. Try these from the free papers:

1. With reference to Khalil Pasha v. Abdul Rasheed (28 July 2026), consider the following statements: 1. The Court noted that a victim's right to appeal against an acquittal under the proviso to Section 372 CrPC was inserted only in 2009. 2. The Court noted that where an appeal lies but a revision is filed under an erroneous belief that no appeal lies, the High Court may treat the revision as an appeal, a power now in Section 442(5) BNSS. 3. The Court upheld the High Court's order reversing the acquittal of the accused. Which of the statements given above is/are correct?
2. In Mallikarjun Kodagali v. State of Karnataka (2018), the Supreme Court considered the victim's right of appeal against acquittal under the proviso to Section 372 CrPC (now the proviso to Section 413 BNSS). It held that the victim:

Practise questions on Criminal Law