CrPC 387→BNSS 428

CrPC 387 to BNSS 428: Judgments of Subordinate Appellate Court

Section 387 CrPC (1973) replaced by Section 428 BNSS (2023)

View CrPC Section 387 →View BNSS Section 428 →

CrPC 387 to BNSS 428 at a Glance

Section 387 CrPC (Judgments of Subordinate Appellate Court) is now Section 428 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 387 to BNSS 428?

From 1 July 2024, Section 428 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 387 of the Code of Criminal Procedure, 1973, with the same heading. Section 428 BNSS refers to Chapter XXIX where Section 387 CrPC referred to Chapter XXVII. The proviso is in the same words in both.

CrPC 387 vs BNSS 428: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section387428
HeadingJudgments of Subordinate Appellate CourtSame

CrPC 387 and BNSS 428: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 387, CrPC 1973

387. Judgments of Subordinate Appellate Court.—The rules contained in Chapter XXVII as to the judgment of a Criminal Court of original jurisdiction shall apply, so far as may be practicable, to the judgment in appeal of a Court of Session or Chief Judicial Magistrate: Provided that, unless the Appellate Court otherwise directs, the accused shall not be brought up, or required to attend, to hear judgment delivered.
BNSS 2023 (in force)

Section 428, BNSS 2023

428. Judgments of subordinate Appellate Court.—The rules contained in Chapter XXIX as to the judgment of a Criminal Court of original jurisdiction shall apply, so far as may be practicable, to the judgment in appeal of a Court of Session or Chief Judicial Magistrate: Provided that, unless the Appellate Court otherwise directs, the accused shall not be brought up, or required to attend, to hear judgment delivered.

When It Applies: CrPC 387 vs BNSS 428

Under CrPC 387
  1. Section 387 CrPC speaks of the judgment in appeal of a Court of Session or Chief Judicial Magistrate.
  2. Under Section 387 CrPC, the rules contained in Chapter XXVII as to the judgment of a Criminal Court of original jurisdiction shall apply to that judgment in appeal.
  3. Under Section 387 CrPC, those rules shall apply so far as may be practicable.
  4. Under the proviso to Section 387 CrPC, unless the Appellate Court otherwise directs, the accused shall not be brought up, or required to attend, to hear judgment delivered.
Under BNSS 428
  1. Section 428 BNSS speaks of the judgment in appeal of a Court of Session or Chief Judicial Magistrate.
  2. Under Section 428 BNSS, the rules contained in Chapter XXIX as to the judgment of a Criminal Court of original jurisdiction shall apply to that judgment in appeal.
  3. Under Section 428 BNSS, those rules shall apply so far as may be practicable.
  4. Under the proviso to Section 428 BNSS, unless the Appellate Court otherwise directs, the accused shall not be brought up, or required to attend, to hear judgment delivered.

What CrPC 387 to BNSS 428 Means in Practice

From 1 July 2024, the text on the judgment in appeal of a Court of Session or Chief Judicial Magistrate is found in Section 428 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 387 of the Code of Criminal Procedure, 1973. Section 428 BNSS refers to the rules contained in Chapter XXIX where Section 387 CrPC referred to the rules contained in Chapter XXVII.

FAQs: CrPC 387 to BNSS 428

Which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 387 CrPC?▼

From 1 July 2024, Section 428 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 387 of the Code of Criminal Procedure, 1973. Both carry the heading Judgments of subordinate Appellate Court.

How does the chapter reference in Section 428 BNSS differ from Section 387 CrPC?▼

Section 387 of the Code of Criminal Procedure, 1973 refers to the rules contained in Chapter XXVII as to the judgment of a Criminal Court of original jurisdiction. Section 428 of the Bharatiya Nagarik Suraksha Sanhita, 2023 refers to the rules contained in Chapter XXIX as to the judgment of a Criminal Court of original jurisdiction.

Is the proviso to Section 428 BNSS in the same words as the proviso to Section 387 CrPC?▼

Yes. The proviso to Section 428 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the proviso to Section 387 of the Code of Criminal Procedure, 1973 both say that, unless the Appellate Court otherwise directs, the accused shall not be brought up, or required to attend, to hear judgment delivered.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·