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Supreme Court of India
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Criminal Law
Bare Acts
The Code of Criminal Procedure, 1973
Section 336-385
Section 336
Section 337
Section 338
Section 339
Section 340
Section 341
Section 342
Section 343
Section 344
Section 345
Section 346
Section 347
Section 348
Section 349
Section 350
Section 351
Section 352
Section 353
Section 354
Section 355
Section 356
Section 357
Section 358
Section 359
Section 360
Section 361
Section 362
Section 363
Section 364
Section 365
Section 366
Section 367
Section 368
Section 369
Section 370
Section 371
Section 372
Section 373
Section 374
Section 375
Section 376
Section 377
Section 378
Section 379
Section 380
Section 381
Section 382
Section 383
Section 384
Section 385
Section 377- Appeal by the State Government against sentence

Save as otherwise provided in sub-section (2), the State Government may in any case of conviction on a trial held by any Court other than a High Court, direct the Public prosecutor to present an appeal to the High Court against the sentence on the ground of its inadequacy.
If such conviction is in a case in which the offence has been investigated by the Delhi Special Police Establishment, constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, *[the Central Government may also direct] the Public Prosecutor to present an appeal to the High Court against the sentence on the ground of its inadequacy.

*Subs. by Act 45 of 1978, sec. 29, for "the Central Government may direct"(w.e.f. 18-12-2023).
When an appeal has been filed against the sentence on the ground of its inadequacy, the High Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused or for the reduction of the sentence.
     
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