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

CHAPTER XXXI APPEALS

Criminal

Summary

When the High Court decides an appeal in a criminal case, it must send a copy of its final decision to the lower court that originally handled the case. If that lower court is a Judicial Magistrate who is not the Chief Judicial Magistrate, the decision goes through the Chief Judicial Magistrate. If it is an Executive Magistrate, the decision goes through the District Magistrate. After receiving the High Court’s decision, the lower court must take any actions needed to follow that decision, and if the case records need to be corrected, they must be updated accordingly.

Official 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.

Related Judgments

  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2025) Vol.5 p.730 — 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 (2025) Vol.11 p.291 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • CrPC §388 — Order of High Court on appeal to be certified to lower Court