CrPC Section 377 — Appeal by the State Government against sentence

CHAPTER XXIX APPEALS

General

Summary

Sub-section (1) allows the State Government, except as provided in sub-section (2), to direct the Public Prosecutor to appeal against a sentence on the ground that it is inadequate, in a case where a court other than a High Court convicted the person. The appeal goes to the Court of Session if a Magistrate passed the sentence, and to the High Court if any other court passed it.

Sub-section (2) applies when the offence was investigated by the Delhi Special Police Establishment or another agency empowered to investigate offences under a Central Act other than the CrPC. In such a case, the Central Government may also direct the Public Prosecutor to appeal against the sentence on the ground that it is inadequate: (a) to the Court of Session if a Magistrate passed the sentence; or (b) to the High Court if any other court passed it.

Sub-section (3) says that when an appeal claims the sentence is inadequate, the Court of Session or, as applicable, the High Court must give the accused a reasonable opportunity to argue against increasing the sentence before enhancing it. In responding, the accused may ask to be acquitted or for the sentence to be reduced.

Sub-section (4) requires an appeal against a sentence passed under any of the listed Indian Penal Code sections—sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E—to be disposed of within six months from the date the appeal is filed.

Official Text

(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 1[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 the Delhi Special Police Establishment, constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, 2[the Central Government may also direct] the Public Prosecutor to present 1[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, 3[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[

(4) When an appeal has been filed against a sentence passed under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code (45 of 1860), the appeal shall be disposed of within a period of six months from the date of filing of such appeal.

Sections referred to

Referred to by

Related Judgments

  • SACHIN vs STATE OF MAHARASHTRA — Supreme Court of India (2025)
  • The State of West Bengal, through the Learned Public; Prosecutor, High vs Central Bureau of Investigation & Anr., With, GA No. 2 of 2025, Centra — Calcutta High Court (Kolkata Principal Seat) (2025)
  • MUSKAN vs STATE (GOVT. OF NCT OF DELHI) & ANR — Delhi High Court (2026)
  • LALU PRASAD YADAV vs STATE OF BIHAR & ANR — Supreme Court of India (2010)
  • EKNATH SHANKARRAO MUKKAWAR vs STATE OF MAHARASHTRA — Supreme Court of India (1977)
  • ASSISTANT COLLECTOR OF CENTRAL EXCISE, MADRAS vs V. KRISHNAMOORTHY AND ORS — Supreme Court of India (1997)

Old <-> New Code Mapping

  • BNSS §418 — Appeal by State Government against sentence