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

Code of Criminal Procedure, 1973

Section 388 CrPC at a Glance

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

Now BNSS

Section 429 →

What Section 388 CrPC Says

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.

Source: Section 388, Code of Criminal Procedure, 1973

Section 388 CrPC in Simple Words

Section 388 CrPC 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 388 CrPC 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 388 CrPC

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 388 CrPC Does Not Apply

  • Section 388 CrPC 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 389 CrPC covers.

Section 388 CrPC Under BNSS 429: What Changed

Section 388 CrPC is now covered under Section 429 BNSS.

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

View detailed comparison (CrPC 388 vs BNSS 429) →

FAQs on Section 388 CrPC

What must the High Court do after deciding a case on appeal under Section 388 CrPC?▼

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 388 CrPC?▼

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 388 CrPC?▼

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.

Where is Section 388 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 388(1) CrPC is found in Section 429(1) BNSS and Section 388(2) CrPC in Section 429(2) BNSS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·