Chapter XXIX
Section 376 CrPC: No appeal in petty cases
New Law Update (2024)
Section 429 BNSS
TRIAL COURT
High Court, Court of Session, Metropolitan Magistrate, Magistrate of the first class, Magistrate empowered to act under Section 260 (summary trial)
Punishment
Procedural – Judgment / Sentencing
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) Where a High Court passes only a sentence of imprisonment for a term not exceeding six months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine;
(2) Where a Court of Session or a Metropolitan Magistrate passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine;
(3) Where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees; or
(4) Where, in a case tried summarily, a Magistrate empowered to act under Section 260 passes only a sentence of fine not exceeding two hundred rupees;
Provided that an appeal may be brought against any such sentence if any other punishment is combined with it, but such sentence shall not be appealable merely on the ground—
(a) that the person convicted is ordered to furnish security to keep the peace; or
(b) that a direction for imprisonment in default of payment of fine is included in the sentence; or
(c) that more than one sentence of fine is passed in the case, if the total amount of fine imposed does not exceed the amount hereinbefore specified in respect of the case.
Important Sub-Sections Explained
General Appealability Limits (Sub-sections (1) to (4))
These sub-sections define the thresholds for what constitutes a ‘petty case’ across different levels of courts, specifying monetary and imprisonment limits below which no appeal can ordinarily be filed. This ensures that minor offenses do not burden the appellate system.
Proviso: Exceptions to Non-Appealability
The proviso clarifies that an appeal is permissible if a sentence combines with ‘any other distinct punishment’. However, certain common conditions like furnishing security for peace or imprisonment in default of fine, or multiple fines totalling within the specified limits, do not by themselves make the sentence appealable.