Section 380 CrPC: Special right of appeal in certain cases

Chapter XXIX

Section 380 CrPC: Special right of appeal in certain cases

appealable judgment, co-accused, conviction, joint trial, overriding provision, right of appeal, special right of appeal

New Law Update (2024)

Section 415 BNSS

TRIAL COURT

Punishment

Procedural – Trial / Charge

Cognizable?

Bailable?

Compoundable?

Bare Act Text

Notwithstanding anything contained in this Chapter, when more persons than one are convicted in one trial, and an appealable judgment or order has been passed in respect of any of such person, all or any of the persons convicted at such trial shall have a right of appeal.

Important Sub-Sections Explained

Landmark Judgements

Haradhan Maity v. The State of West Bengal, 1978 SCC (Cri) 166:

The Supreme Court affirmed the overriding nature of Section 380 CrPC, holding that it confers an independent right of appeal on all co-accused convicted in a joint trial, even if the appealable judgment was technically passed only against one or some of them. This ensures comprehensive appellate review.

Karam Singh v. State of Punjab, 1997 SCC (Cri) 1162:

This case reiterated the expansive scope of Section 380, clarifying that the ‘special right of appeal’ is not contingent upon the co-accused having an independent right of appeal under other provisions. It reinforces the principle that where an appealable order exists for one, all co-convicts in the same trial benefit from an appeal right.

Chapter XXIX