Bharatiya Nagarik Suraksha Sanhita

Section 428

Judgments of subordinate Appellate Court

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⚡ Quick Answer Reference: Section 428 BNSS

Provision: Section 428 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: APPEALS
Jurisdiction: India
Summary: This section says that when a higher court delivers a judgment in an appeal case, the rules for delivering judgments in original jurisdiction cases will apply as much as possible. However, the accused person will not be brought up or required to attend the court unless the higher court directs otherwise.

Statutory Content

What does Section 428 of BNSS say?

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.

Indian StandardSection 428, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 428 (India)

Court Pleading StandardSection 428 of the Bharatiya Nagarik Suraksha Sanhita

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).

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Section Meaning & Purpose

What does Section 428 of BNSS mean?

Plain English Explanation

This section says that when a higher court delivers a judgment in an appeal case, the rules for delivering judgments in original jurisdiction cases will apply as much as possible. However, the accused person will not be brought up or required to attend the court unless the higher court directs otherwise.

Practical Interpretation

In practice, this section means that when a Court of Session or Chief Judicial Magistrate delivers a judgment in an appeal case, they will follow the rules for delivering judgments in original jurisdiction cases. This includes not bringing the accused person to court unless the higher court specifically orders it.

Core Legal Purpose

The core purpose of this section is to ensure that the rules for delivering judgments in original jurisdiction cases are applied in appeal cases as much as possible, while also allowing the higher court to make exceptions if necessary.

Key Legal Elements

•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
•The accused shall not be brought up, or required to attend, to hear judgment delivered unless the Appellate Court otherwise directs
•Practicability of applying original jurisdiction rules to appeal cases
•Direction by the Appellate Court to bring the accused person to court

Practical Example

Practical Example of Section 428 BNSS

Rajesh is accused of a crime and appeals the judgment of the Chief Judicial Magistrate to the Court of Session. The Court of Session delivers its judgment, and according to Section 428 of BNSS, the rules for delivering judgments in original jurisdiction cases will apply as much as possible. However, the Court of Session does not bring Rajesh to court to hear the judgment, as the section allows for this exception. Instead, the judgment is delivered in Rajesh's absence.

Common Questions (FAQ)

Frequently Asked Questions about Section 428 BNSS

Q: What is the punishment or consequence under Section 428 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to both private individuals and public entities, as it deals with the procedure for delivering judgments in appeal cases.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not deal with criminal classification. However, the underlying offense may be bailable or cognizable depending on the specific circumstances.

Common Questions about Section 428 BNSS

What is Section 428 of BNSS?

Section 428 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Judgments of subordinate Appellate Court". In plain terms: This section says that when a higher court delivers a judgment in an appeal case, the rules for delivering judgments in original jurisdiction cases will apply as much as possible. However, the accused person will not be brought up or required to attend the court unless the higher court directs otherwise.

What is the punishment under Section 428 of BNSS?

Section 428 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 428 of BNSS bailable or non-bailable?

Whether Section 428 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 428 of BNSS?

The essential elements of Section 428 of BNSS are: 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; The accused shall not be brought up, or required to attend, to hear judgment delivered unless the Appellate Court otherwise directs; Practicability of applying original jurisdiction rules to appeal cases.

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