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CrPC · Chapter XXIX · Appeals

CrPC section 390 in the BNSS

CrPC 390BNSS 431

CrPC section 390, “Arrest of accused in appeal from acquittal”, is now BNSS section 431 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024.

What changed

From CrPC 390 to BNSS 431

The words are the same as in the CrPC, apart from “Sanhita” for the Act’s own name and the new numbers of the sections it refers to.

The official text

Old and new, side by side

Code of Criminal Procedure, 1973

Section 390 Arrest of accused in appeal from acquittal

When an appeal is presented under section 378, the High Court may issue a warrant directing that the accused be arrested and brought before it or any Subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 431 Arrest of accused in appeal from acquittal

When an appeal is presented under section 419, the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BNSS repealed the CrPC from 1 July 2024 (section 531(1)). Any appeal, application, trial, inquiry or investigation pending immediately before that date is disposed of under the CrPC as it then stood, as if the BNSS had not come into force (section 531(2)(a)). Anything not pending on that date follows the BNSS.

Sources

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