Section 428 BNSS: Judgments of subordinate Appellate Court

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 428 BNSS at a Glance

Section 428 BNSS deals with judgments of subordinate Appellate Court. It replaced Section 387 CrPC on 1 July 2024.

Was CrPC

Section 387 →

Section 428 BNSS Bare Act Text

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.

Source: Section 428, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 428 BNSS in Simple Words

Section 428 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that 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.

Its proviso says that, unless the Appellate Court otherwise directs, the accused shall not be brought up, or required to attend, to hear judgment delivered.

When Section 428 BNSS Applies

  • Section 428 BNSS speaks of the judgment in appeal of a Court of Session or Chief Judicial Magistrate.
  • 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.
  • Under Section 428 BNSS, those rules shall apply so far as may be practicable.
  • 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.

Example of Section 428 BNSS

Meena's appeal is decided by a Court of Session. Under Section 428 BNSS, the rules contained in Chapter XXIX as to the judgment of a Criminal Court of original jurisdiction shall apply to the judgment in appeal, so far as may be practicable. Under the proviso to Section 428 BNSS, unless the Appellate Court otherwise directs, Meena shall not be brought up, or required to attend, to hear judgment delivered.

When Section 428 BNSS Does Not Apply

  • Section 428 BNSS speaks of the judgment in appeal of a Court of Session or Chief Judicial Magistrate. It does not deal with the powers of Appellate Court, the subject of Section 427 BNSS.
  • Section 428 BNSS speaks of the judgment in appeal of a Court of Session or Chief Judicial Magistrate. It does not deal with the order of High Court on appeal to be certified to lower Court, the subject of Section 429 BNSS.

Section 428 BNSS in the CrPC (Previous Law)

Section 428 BNSS replaces Section 387 CrPC from the old criminal code.

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.

View CrPC Section 387 →

FAQs on Section 428 BNSS

Which judgments does Section 428 BNSS speak of?▼

Section 428 of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of the judgment in appeal of a Court of Session or Chief Judicial Magistrate. It says that the rules contained in Chapter XXIX as to the judgment of a Criminal Court of original jurisdiction shall apply to that judgment, so far as may be practicable.

What does the proviso to Section 428 BNSS say about the accused?▼

The proviso to Section 428 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that, unless the Appellate Court otherwise directs, the accused shall not be brought up, or required to attend, to hear judgment delivered.

How far do the rules of Chapter XXIX apply under Section 428 BNSS?▼

Section 428 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that 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.

What changed from Section 387 CrPC to Section 428 BNSS from 1 July 2024?▼

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

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·