Section 428 BNSS: Judgments of subordinate Appellate Court (Formerly Section 387 CrPC)

Section 428 of Bharatiya Nagarik Suraksha Sanhita, 2023: Judgments of subordinate Appellate Court

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 428

Section 428 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 387 of the CrPC, 1973) governs the judgments of subordinate Appellate Courts (Sessions Courts and Additional Sessions Courts), requiring them to comply with the general rules for judgments under Chapter XXIX.

Application of Judgment Chapter: The rules contained in Chapter XXIX as to the judgment of a Criminal Court of original jurisdiction shall apply to the judgment in appeal of a Court of Session.
Points for Determination & Reasoning: The Sessions appellate judgment must clearly frame the points for determination, record findings on each point, and state the reasons therefor.
Direction on Release or Execution: Must explicitly direct whether the appellant shall be released, their bail bonds cancelled, or taken into custody.

Key Landmark Precedents:

K.M. Mathew v. State of Kerala, (1992) 1 SCC 217: Held that an appellate judgment of the Court of Session that merely adopts trial court findings without independent discussion of points for determination violates Section 387 CrPC.
State of Bombay v. Rusy Mistry, AIR 1960 SC 391: Affirmed that appellate judgments must disclose that the judge applied their mind to every ground urged in the appeal memo.

Courtroom Practice & Strategic Litigation Guidance:

If a Sessions Court dismisses an appeal by a cryptic, cut-and-paste judgment without addressing specific defense arguments, challenge it in the High Court under Section 442 for non-compliance with Section 428.