Section 428 BNSS 2023: Judgment of Subordinate Appellate Court

Section 428 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the form and delivery of judgments in criminal appeals decided by a Court of Session or a Chief Judicial Magistrate. It links an appellate judgment to the general rules governing judgments of Criminal Courts of original jurisdiction contained in Chapter XXIX of the BNSS, so far as those rules can practicably be applied.

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023 and, subject to the notified exception concerning the First Schedule entry relating to section 106(2) of the Bharatiya Nyaya Sanhita, came into force on 1 July 2024.

Text of Section 428 BNSS

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.

Meaning and Scope of Section 428

Section 428 creates a procedural bridge between original criminal judgments and appellate judgments. When a Court of Session or Chief Judicial Magistrate decides a criminal appeal, the judgment should, as far as practicable, follow the judgment-related rules found in Chapter XXIX of the BNSS.

Key effect: the appellate court is not given a separate, self-contained code for writing and delivering its judgment. Instead, the statutory rules applicable to judgments of Criminal Courts of original jurisdiction are carried into appellate proceedings to the extent that they are capable of practical application.

Courts Covered by Section 428

Section 428 expressly applies to judgments in appeal delivered by:

a Court of Session; and
a Chief Judicial Magistrate.

The provision is therefore concerned with subordinate appellate criminal courts. It should be read with the other appeal provisions in the same BNSS chapter, including the procedure for hearing appeals, powers of the appellate court, certification of High Court appellate orders, and suspension of sentence pending appeal.

Attendance of the Accused at Delivery of Appellate Judgment

The proviso to Section 428 states that the accused ordinarily need not be brought before the Appellate Court, or be required to attend, merely for hearing the delivery of the judgment. The Appellate Court may, however, direct otherwise.

In practical terms, the section gives the appellate court control over whether the accused must be present when judgment is pronounced. The statutory default under this proviso is that attendance is not required unless the appellate court directs it.

What Does "So Far as May Be Practicable" Mean?

The expression "so far as may be practicable" recognises that an appeal is procedurally different from an original criminal trial. The Chapter XXIX rules are therefore applied to an appellate judgment only to the extent that they sensibly fit the appellate setting. The provision does not state that every trial-stage rule must mechanically be repeated in an appeal.

Relationship with Nearby BNSS Appeal Provisions

Section 428 forms part of the statutory framework governing criminal appeals. For a complete understanding of appellate procedure, it is useful to read it with the immediately connected provisions:

Practical Points

The appellate judgment should conform, where practicable, to the BNSS rules governing criminal judgments.
The section applies to appeals decided by a Court of Session or Chief Judicial Magistrate.
The accused is not automatically required to be physically produced or present for delivery of the appellate judgment.
The appellate court retains power to require attendance where it considers such a direction necessary.
Section 428 should be read as part of the wider BNSS appellate scheme rather than in isolation.

Official Legal Sources

For the authoritative statutory text and commencement notification, readers should verify the provision from official Government of India sources:

This page is intended as a general legal information resource. The statutory text and applicable judicial interpretation should be checked before relying on the provision in a particular case.