CrPC 388→BNSS 429

CrPC 388 to BNSS 429: Order of High Court on appeal to be certified to lower Court

Section 388 CrPC (1973) replaced by Section 429 BNSS (2023)

View CrPC Section 388 →View BNSS Section 429 →

CrPC 388 to BNSS 429 at a Glance

Section 388 CrPC (Order of High Court on appeal to be certified to lower Court) is now Section 429 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 388 to BNSS 429?

Section 388 CrPC became Section 429 BNSS from 1 July 2024. The heading is the same and the text is the same.

CrPC 388 vs BNSS 429: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section388429
HeadingOrder of High Court on appeal to be certified to lower CourtSame
Sub-sections2 sub-sectionsSame

CrPC 388 and BNSS 429: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 388, CrPC 1973

388. Order of High Court on appeal to be certified to lower Court.—(1) Whenever a case is decided on appeal by the High Court under this Chapter, it shall certify its judgment or order to the Court by which the finding, sentence or order appealed against was recorded or passed and if such Court is that of a Judicial Magistrate other than the Chief Judicial Magistrate, the High Court's judgment or order shall be sent through the Chief Judicial Magistrate, and if such Court is that of an Executive Magistrate, the High Court’s judgment or order shall be sent through the District Magistrate. (2) The Court to which the High Court certifies its judgment or order shall thereupon make such orders as are conformable to the judgment or order of the High Court; and if necessary, the record shall be amended in accordance therewith.
BNSS 2023 (in force)

Section 429, BNSS 2023

429. Order of High Court on appeal to be certified to lower Court.—(1) Whenever a case is decided on appeal by the High Court under this Chapter, it shall certify its judgment or order to the Court by which the finding, sentence or order appealed against was recorded or passed and if such Court is that of a Judicial Magistrate other than the Chief Judicial Magistrate, the High Court's judgment or order shall be sent through the Chief Judicial Magistrate, and if such Court is that of an Executive Magistrate, the High Court's judgment or order shall be sent through the District Magistrate. (2) The Court to which the High Court certifies its judgment or order shall thereupon make such orders as are conformable to the judgment or order of the High Court; and if necessary, the record shall be amended in accordance therewith.

When It Applies: CrPC 388 vs BNSS 429

Under CrPC 388
  1. Whenever a case is decided on appeal by the High Court under this Chapter, the High Court shall certify its judgment or order to the Court by which the finding, sentence or order appealed against was recorded or passed.
  2. If that Court is that of a Judicial Magistrate other than the Chief Judicial Magistrate, the judgment or order of the High Court shall be sent through the Chief Judicial Magistrate.
  3. If that Court is that of an Executive Magistrate, the judgment or order of the High Court shall be sent through the District Magistrate.
  4. The Court to which the High Court certifies its judgment or order shall thereupon make such orders as are conformable to the judgment or order of the High Court, and if necessary the record shall be amended in accordance therewith.
Under BNSS 429
  1. Whenever a case is decided on appeal by the High Court under this Chapter, the High Court shall certify its judgment or order to the Court by which the finding, sentence or order appealed against was recorded or passed.
  2. If that Court is that of a Judicial Magistrate other than the Chief Judicial Magistrate, the judgment or order of the High Court shall be sent through the Chief Judicial Magistrate.
  3. If that Court is that of an Executive Magistrate, the judgment or order of the High Court shall be sent through the District Magistrate.
  4. The Court to which the High Court certifies its judgment or order shall thereupon make such orders as are conformable to the judgment or order of the High Court, and if necessary the record shall be amended in accordance therewith.

What CrPC 388 to BNSS 429 Means in Practice

From 1 July 2024 the provision on the certification of the order of the High Court on appeal to the lower Court is found in Section 429 BNSS. The text to read is the same as in Section 388 CrPC.

FAQs: CrPC 388 to BNSS 429

Where is Section 388 CrPC found from 1 July 2024?▼

Section 388 CrPC is found in Section 429 BNSS.

Does the text of Section 429 BNSS differ from Section 388 CrPC?▼

No. Section 429 BNSS has the same heading and the same text as Section 388 CrPC.

Through whom does Section 429 BNSS say the judgment of the High Court is sent?▼

Section 429(1) BNSS says it is sent through the Chief Judicial Magistrate where the lower Court is that of a Judicial Magistrate other than the Chief Judicial Magistrate, and through the District Magistrate where that Court is that of an Executive Magistrate. Section 388(1) CrPC reads the same.

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: 20 Oct 2026 ·