BNSS Section 428 — Judgments of subordinate Appellate Court

Summary

The rules for how a trial court writes its judgment also apply, as far as possible, to the judgment given by a Sessions Court or a Chief Judicial Magistrate when hearing an appeal. However, unless the appeal court orders otherwise, the accused person does not have to be brought to court or be present to hear the judgment being announced.

Official Text

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.

Related Judgments

• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2024) Vol.12 p.335 — Supreme Court of India (2024)

Old <-> New Code Mapping

• CrPC §387 — Judgments of subordinate Appellate Court