Section 380 BNSS - Appeal

Section 380 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a statutory appeal in specified cases concerning complaints for offences affecting the administration of justice. It applies where a Court other than a High Court has either refused to make a complaint under Section 379 or has made such a complaint against a person.

Law: Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023)

Chapter: Chapter XXVIII - Provisions as to Offences Affecting the Administration of Justice

In force: 1 July 2024

Text of Section 380 BNSS

380. Appeal.

(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.

What Section 380 Means

Section 380 creates a limited appellate remedy against a decision under Section 379 BNSS. It is not the general appeal provision for criminal convictions. Instead, it deals specifically with judicial complaints concerning offences referred to through Section 215 and the procedure contained in Section 379.

Who Can File an Appeal Under Section 380?

An appeal may be filed by either of the following:

A person whose application for making a complaint under Section 379 has been refused by a Court other than a High Court.
A person against whom such a complaint has been made by that Court.

Which Court Hears the Appeal?

The appeal lies to the Court to which the original Court is subordinate for the purposes stated in Section 215(4) BNSS. The appellate Court may act after giving notice to the concerned parties.

Powers of the Appellate Court

After hearing the matter, the superior Court may direct withdrawal of a complaint already made or direct the making of a complaint that the subordinate Court could have made under Section 379. Where the superior Court itself makes the complaint, the procedure under Section 379 applies accordingly.

Finality of the Order

Sub-section (2) gives finality to an order passed under Section 380. Subject to the appellate order, an order under Section 379 is also final and is not subject to revision. This makes Section 380 the specific statutory appellate route provided for such orders.

Related Provisions

Note: Section 380 BNSS should be read together with Sections 215 and 379 because the right of appeal, the identity of the superior Court, and the complaint procedure are expressly linked to those provisions.

Official Sources

For the authoritative text and current status of the Bharatiya Nagarik Suraksha Sanhita, 2023, see the India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 and the Ministry of Home Affairs - New Criminal Laws.