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BNSS, 2023
Start Practicing
BNSSChapter XXXISection 428
Section428

Judgments of subordinate Appellate Court

AI Assist

Summary

The same formal rules used for judgments by a trial Criminal Court apply, as far as practicable, to judgments in appeals heard by a Court of Session or a Chief Judicial Magistrate. The appellate court may adapt those rules when needed. The accused need not be brought or required to attend to hear the judgment unless the appellate court specifically orders it.

Example

Arjun appealed his conviction to the Sessions Court. The court followed the trial-court judgment rules, so it recorded reasons and signatures in the same formal way. The court did not bring Arjun to hear the judgment because it did not order his attendance.

Bare Act

Enacted 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.

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XXXI

Chapter XXXI

Appeals

In this chapter

  • 413No appeal to lie unless otherwise provided
  • 414Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
  • 415Appeals from convictions
  • 416No appeal in certain cases when accused pleads guilty
  • 417No appeal in petty cases
  • 418Appeal by State Government against sentence
  • 419Appeal in case of acquittal
  • 420Appeal against conviction by High Court in certain cases
  • 421Special right of appeal in certain cases
  • 422Appeal to Court of Session how heard
  • 423Petition of appeal
  • 424Procedure when appellant in jail
  • 425Summary dismissal of appeal
  • 426Procedure for hearing appeals not dismissed summarily
  • 427Powers of Appellate Court
  • 428Judgments of subordinate Appellate Court
  • 429Order of High Court on appeal to be certified to lower Court
  • 430Suspension of sentence pending appeal; release of appellant on bail
  • 431Arrest of accused in appeal from acquittal
  • 432Appellate Court may take further evidence or direct it to be taken
  • 433Procedure where Judges of Court of appeal are equally divided
  • 434Finality of judgments and orders on appeal
  • 435Abatement of appeals
Previous · Section 427Powers of Appellate CourtNext · Section 429Order of High Court on appeal to be certified to lower Court