Chapter XXIX
Section 381 CrPC: Appeal to Court of Session how heard
New Law Update (2024)
Section 406 BNSS
TRIAL COURT
Magistrate of the second class
Punishment
Procedural – Trial / Charge
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) Subject to the provisions of Sub-Section (2), an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge. Provided that, an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by an Assistant Sessions Judge or a Chief Judicial Magistrate.
(2) An Additional Sessions Judge, Assistant Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him or as the High Court may, by special order, direct him to hear.
Important Sub-Sections Explained
Section 381(1) & (2)
Section 381 primarily specifies that appeals to the Court of Session are heard by the Sessions Judge or an Additional Sessions Judge. It further provides that appeals against convictions by a Second Class Magistrate may be heard by an Assistant Sessions Judge or a Chief Judicial Magistrate, provided these appeals are assigned to them by the Sessions Judge or the High Court.