Section 380 BNSS: Appeal (Formerly Section 341 CrPC)

Section 380 of Bharatiya Nagarik Suraksha Sanhita, 2023: Appeal

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) Any person on whose application any Court other than a High Court has refused to make a complaint under sub-section (1) or sub-section (2) of section 379, or against whom such a complaint has been made by such Court, may appeal to the Court to which such former Court is subordinate within the meaning of sub-section (4) of section 215, and the superior Court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint, or, as the case may be, making of the complaint which such former Court might have made under section 379, and, if it makes such complaint, the provisions of that section shall apply accordingly.

(2) An order under this section, and subject to any such order, an order under section 379, shall be final, and shall not be subject to revision.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 380

Section 380 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 341 of the CrPC, 1973) provides for a statutory appeal against any order of a Court refusing to make a complaint, or making a complaint, under Section 379.

Right of Appeal: Any person on whose application a Court has refused to make a complaint under Section 379, or against whom such a complaint has been made, may appeal to the superior appellate court.
Superior Appellate Forum: Appeals lie to the Court to which appeals ordinarily lie from the judgments of the issuing Court (e.g., Sessions Court from Magistrate, High Court from Sessions Court).
Powers of Appellate Court: The appellate court may direct the subordinate court to make the complaint, or may itself make the complaint, or dismiss the appeal.

Key Landmark Precedents:

K. Karunakaran v. T.V. Eachara Warrier, (1978) 1 SCC 18: The Supreme Court held that in an appeal under Section 341 CrPC, the appellate court must determine whether the formation of opinion by the lower court regarding expediency was judicially sound.
N. Natarajan v. B.K. Subba Rao, (2003) 2 SCC 76: Affirmed that both the complainant whose application was rejected and the proposed accused against whom a complaint was ordered possess the right to appeal under Section 341 CrPC.

Courtroom Practice & Strategic Litigation Guidance:

If a Magistrate orders a Section 379 complaint against your client, file an immediate appeal under Section 380 before the Sessions Judge and seek a stay on the transmission of the complaint to the trial magistrate.