CrPC Section 393 is now BNSS 434: Finality of judgments and orders on appeal
Code of Criminal Procedure, 1973 · applies to offences and proceedings before 1 July 2024
BPR&D's comparison records no change in the text, only a new number.
Printed in both official correspondence tables (BPR&D and NCRB).
CrPC 393: Finality of judgments and orders on appeal
Before 1 July 2024
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, on 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.
BNSS 434: Finality of judgments and orders on appeal
From 1 July 2024
Judgments and orders passed by an Appellate Court upon an appeal shall be final, except in the cases provided for in section 418, section 419, sub-section (4) of section 425 or Chapter XXXII:
Provided that notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits,—
(a) an appeal against acquittal under section 419, arising out of the same case; or
(b) an appeal for the enhancement of sentence under section 418, arising out of the same case.
Which one applies
Procedure follows the proceeding. Under section 531(2)(a) of the BNSS, an appeal, application, trial, inquiry or investigation already pending on 1 July 2024 continues under the CrPC; one begun on or after that date proceeds under the BNSS.
Read BNSS section 531 →Judgments decided under CrPC 393
The provision moved without a change of substance, so what these judgments decide carries over; cite the new section alongside the old.
Sources
- Correspondence Table and Comparison Summary of the Bharatiya Nagarik Suraksha Sanhita, 2023 to the Code of Criminal Procedure, 1973, Bureau of Police Research & Development, Ministry of Home Affairs, page 33.
- Bharatiya Nagarik Suraksha Sanhita, 2023: bare Act with Corresponding Section Table, National Crime Records Bureau (Sankalan), page 40.
- The Code of Criminal Procedure, 1973 (Act 2 of 1974), as amended, India Code, Legislative Department, Ministry of Law and Justice.
BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.