Section 429 BNSS: Order of High Court on appeal to be certified to lower Court (Formerly Section 388 CrPC)

Section 429 of Bharatiya Nagarik Suraksha Sanhita, 2023: Order of High Court on appeal to be certified to lower Court

Official Bare Act Text

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

(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.

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 429

Section 429 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 388 of the CrPC, 1973) mandates that whenever an appeal is decided by the High Court, it shall certify its judgment or order to the trial court, which shall amend its record accordingly.

Certification to Lower Court: Whenever a case is decided on appeal by the High Court under Chapter XXX, the High Court shall certify its judgment or order to the Court by which the finding, sentence, or order appealed against was recorded.
Amendment of Record: The lower Court shall thereupon make such orders as are conformable to the judgment or order of the High Court, and if necessary, amend its record accordingly.
Immediate Release Warrants: Where the High Court acquits an incarcerated appellant, the trial court must issue release warrants forthwith.

Key Landmark Precedents:

Pranab Kumar Mitra v. State of W.B., AIR 1959 SC 144: The Supreme Court noted that certified transmission under Section 388 CrPC is the formal legal mechanism by which subordinate courts execute High Court appellate verdicts.
State of U.P. v. Poosu, (1976) 3 SCC 1: Reaffirmed the mandatory ministerial duty of lower courts to give immediate effect to appellate orders.

Courtroom Practice & Strategic Litigation Guidance:

Upon securing an acquittal in the High Court, obtain a certified copy of the operative order or web copy and ensure Section 429 certification is communicated to the jail superintendent to effect immediate release.