Judgments of subordinate Appellate Court
Section 428 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with 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 The Act came into force on 01 Jul 2024.
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.
Section 428, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 387 Judgments of subordinate Appellate Court Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Suresh Chhotelal Sharma vs The State of Maharashtra, ANR
Decided under Code of Criminal Procedure 387, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Construing the proviso to section 387 CrPC, the Court held that the accused in an appeal need not be brought up or required to attend the delivery of the appellate judgment unless the Appellate Court specifically so directs, and that the proviso confers a discretion on the Appellate Court; where that discretion has been exercised to require the appellant's presence, the writ court will not interfere unless the exercise is perverse, arbitrary or capricious.
On this section: It is the working construction of the proviso now reproduced in BNSS section 428: presence at pronouncement of the appellate judgment depends on a specific direction of the Appellate Court, and no reasons need be recorded before making it.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Application stands disposed of. W.P.(CRL) 2134/2024 1. Writ Petition under Article 226 of the Constitution of India read with Section 428 of Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') has been preferred on behalf of the petitioner for quashing of FIR No. 0578/2022, under Section 354/354(A)/506 IPC, registered at PS: Sarai Rohilla. 2. Issue notice. Learned ASC for the State along with learned counsel for respondent No. 2 along with …
Questions about Section 428
What have the courts held on Section 428 of the Bharatiya Nagarik Suraksha Sanhita?
Suresh Chhotelal Sharma vs The State of Maharashtra, ANR (31 Mar 2023) is the leading judgment on this section among those set out below, though it was decided under CRPC 387, which this section replaced -- the court never mentioned this Act: It is the working construction of the proviso now reproduced in BNSS section 428: presence at pronouncement of the appellate judgment depends on a specific direction of the Appellate Court, and no reasons need be recorded before making it.
How do I find court cases under Section 428 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 428, section 428 BNSS, section 428 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type 428 bnss in crpc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Suresh Chhotelal Sharma vs The State of Maharashtra, ANR (31 Mar 2023).
What should I read with Section 428 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 387 (Judgments of subordinate Appellate Court), so the judgments decided under that provision are the case law on this one.
When did Section 428 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 428 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 428, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.