CaseMinister
CaseMinister › Sections › CrPC › Section 377

CrPC Section 377 in BNSS: Section 418

Appeal by the State Government against sentence

Section 377 of the Code of Criminal Procedure, 1973 (Appeal by the State Government against sentence) corresponds to Section 418 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024.

Text of BNSS Section 418

418. (1) Save as otherwise provided in sub-section (2), the State Government may, in any case of conviction on a trial held by any Court other than a High Court, direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy—

(a) to the Court of Session if the sentence is passed by the Magistrate; and

(b) to the High Court, if the sentence is passed by any other Court.

(2) If such conviction is in a case in which the offence has been investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita, the Central Government may also direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy—

(a) to the Court of Session, if the sentence is passed by the Magistrate; and

(b) to the High Court, if the sentence is passed by any other Court.

(3) When an appeal has been filed against the sentence on the ground of its inadequacy, the Court of Session or, as the case may be, the High Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused may plead for his acquittal or for the reduction of the sentence.

(4) When an appeal has been filed against a sentence passed under section

Full BNSS Section 418 and every CrPC section it replaced →

Ask CaseMinister about CrPC 377 / BNSS 418

Get the judgments that apply this section, with the paragraph relied on in each and what later Benches said about it. Two answers free on WhatsApp, no signup.

← CrPC 376CrPC 378 →