(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.
Bharatiya Nagarik Suraksha Sanhita
Section 429
Order of High Court on appeal to be certified to lower Court
⚡ Quick Answer Reference: Section 429 BNSS
- Provision: Section 429 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: APPEALS
- Jurisdiction: India
- Summary: When the High Court makes a decision on an appeal, it must send its judgment or order to the lower court that made the original decision. If the lower court is a Judicial Magistrate, the High Court's judgment or order must be sent through the Chief Judicial Magistrate. If the lower court is an Executive Magistrate, the High Court's judgment or order must be sent through the District Magistrate. The lower court must then make any necessary orders to follow the High Court's judgment or order.
What does Section 429 of BNSS say?
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What does Section 429 of BNSS mean?
Plain English Explanation
When the High Court makes a decision on an appeal, it must send its judgment or order to the lower court that made the original decision. If the lower court is a Judicial Magistrate, the High Court's judgment or order must be sent through the Chief Judicial Magistrate. If the lower court is an Executive Magistrate, the High Court's judgment or order must be sent through the District Magistrate. The lower court must then make any necessary orders to follow the High Court's judgment or order.
Practical Interpretation
This section ensures that the lower court follows the High Court's decision on appeal. The High Court's judgment or order serves as a directive to the lower court, which must then make conformable orders. This process helps maintain consistency and ensures that the lower court upholds the High Court's decision.
Core Legal Purpose
The core purpose of this section is to establish a mechanism for the High Court to communicate its decisions on appeal to the lower courts, ensuring that the lower courts follow the High Court's judgments or orders.
- •The High Court must certify its judgment or order to the lower court.
- •The lower court must be a Judicial Magistrate or an Executive Magistrate.
- •The High Court's judgment or order must be sent through the Chief Judicial Magistrate or the District Magistrate, depending on the type of lower court.
- •The lower court must make conformable orders to the High Court's judgment or order.
Practical Example of Section 429 BNSS
Rajesh, a Judicial Magistrate, made a decision in a case involving Amit. Amit appealed the decision to the High Court, which ruled in his favor. The High Court certified its judgment to Rajesh's court, instructing him to make conformable orders. Rajesh's court then amended the record and made the necessary orders to follow the High Court's judgment.
Frequently Asked Questions about Section 429 BNSS
Q: What is the purpose of this section?
This section ensures that the lower court follows the High Court's decision on appeal by requiring the High Court to certify its judgment or order to the lower court.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it pertains to the certification of judgments or orders by the High Court to lower courts.
Q: Is this section a procedural or penal provision?
This section is a procedural provision and does not prescribe a penal punishment.
Common Questions about Section 429 BNSS
What is Section 429 of BNSS?
Section 429 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Order of High Court on appeal to be certified to lower Court". In plain terms: When the High Court makes a decision on an appeal, it must send its judgment or order to the lower court that made the original decision. If the lower court is a Judicial Magistrate, the High Court's judgment or order must be sent through the Chief Judicial Magistrate. If the lower court is an Executive Magistrate, the High Court's judgment or order must be sent through the District Magistrate. The lower court must then make any necessary orders to follow the High Court's judgment or order.
What is the punishment under Section 429 of BNSS?
Section 429 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 429 of BNSS bailable or non-bailable?
Whether Section 429 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 429 of BNSS?
The essential elements of Section 429 of BNSS are: The High Court must certify its judgment or order to the lower court.; The lower court must be a Judicial Magistrate or an Executive Magistrate.; The High Court's judgment or order must be sent through the Chief Judicial Magistrate or the District Magistrate, depending on the type of lower court..
Landmark Judgments under Section 429 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 429
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