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

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 429 BNSS at a Glance

Section 429 BNSS deals with order of High Court on appeal to be certified to lower Court. It replaced Section 388 CrPC on 1 July 2024.

Was CrPC

Section 388 →

Section 429 BNSS Bare Act Text

(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.

Source: Section 429, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 429 BNSS in Simple Words

Section 429 BNSS deals with a case 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. That Court shall thereupon make such orders as are conformable to the judgment or order of the High Court.

When Section 429 BNSS Applies

  • 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.
  • 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.
  • If that Court is that of an Executive Magistrate, the judgment or order of the High Court shall be sent through the District Magistrate.
  • 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.

Example of Section 429 BNSS

The High Court decides an appeal against a sentence passed by the Court of Sunita, a Judicial Magistrate other than the Chief Judicial Magistrate. The High Court shall certify its judgment to that Court, and the judgment shall be sent through the Chief Judicial Magistrate. That Court shall thereupon make such orders as are conformable to the judgment of the High Court, and if necessary the record shall be amended in accordance therewith.

When Section 429 BNSS Does Not Apply

  • Section 429 BNSS speaks of a case decided on appeal by the High Court. It does not deal with suspension of sentence pending the appeal or the release of an appellant on bail, which Section 430 BNSS covers.

Section 429 BNSS in the CrPC (Previous Law)

Section 429 BNSS replaced Section 388 CrPC from 1 July 2024.

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

Each sub-section below names its own source.

FAQs on Section 429 BNSS

What must the High Court do after deciding a case on appeal under Section 429 BNSS?▼

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.

Through whom is the judgment or order of the High Court sent under Section 429 BNSS?▼

If that Court is that of a Judicial Magistrate other than the Chief Judicial Magistrate, it is sent through the Chief Judicial Magistrate. If that Court is that of an Executive Magistrate, it is sent through the District Magistrate.

What does the Court do after the High Court certifies its judgment or order under Section 429 BNSS?▼

The Court 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 changed from Section 388 CrPC to Section 429 BNSS from 1 July 2024?▼

Nothing in the heading or the text. Section 429 BNSS has the same heading and the same text as Section 388 CrPC.

Section 429 BNSS: Sub-sections Explained

Section 429(1) BNSS: Order of High Court on appeal to be certified to lower Court

▶

Bare Act Text

(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.

Previous Law

CrPC 388 → Section 429(1) BNSS

Section 429(2) BNSS: Order of High Court on appeal to be certified to lower Court

▶

Bare Act Text

(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.

Previous Law

CrPC 388(2) → Section 429(2) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·