What Is BNSS Section 428?

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

• The rules contained in Chapter XXVIII regarding the judgment of a Criminal Court of original jurisdiction shall apply, as far as 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 the judgment delivered.

Brefe Detail

Section 428 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the applicability of Chapter XXVIII's rules concerning judgments from Criminal Courts of original jurisdiction to appellate judgments made by Courts of Session or Chief Judicial Magistrates. It specifies that, unless directed otherwise by the Appellate Court, the accused is not required to attend the judgment hearing.

Question & Answers

What does Section 428 of the Bharatiya Nagarik Suraksha Sanhita, 2023 address?

It addresses the applicability of Chapter XXVIII's rules on judgments from Criminal Courts of original jurisdiction to appellate judgments by Courts of Session or Chief Judicial Magistrates.

Are the accused required to attend the judgment delivery in an appellate court?

No, unless the Appellate Court directs otherwise, the accused shall not be brought up or required to attend the judgment delivery.

To which courts does Section 428 apply?

It applies to the Courts of Session and Chief Judicial Magistrates.

Example

• If a case is appealed to a Chief Judicial Magistrate, the rules from Chapter XXVIII concerning original jurisdiction judgments will still apply.
• An accused individual may not need to attend the appeal judgment unless specifically ordered by the Appellate Court.

Summary

Section 428 of the Bharatiya Nagarik Suraksha Sanhita, 2023, specifies that the rules for judgments in Criminal Courts of original jurisdiction also apply to appellate courts, such as Courts of Session and Chief Judicial Magistrates. Additionally, it states that the accused is generally not required to attend the delivery of the judgment unless the Appellate Court directs otherwise.