Section 428 of BNSS, 2023 — Judgments of Subordinate Appellate Court

Introduction

Section 428 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the form and content of judgments delivered by appellate courts subordinate to the High Court. It specifies the matters that such a judgment must contain and provides for the certification and transmission of the judgment or order to the court from whose decision the appeal arose.

The provision ensures that appellate decisions are properly recorded, reasoned and communicated for implementation.

Meaning of Judgment of a Subordinate Appellate Court

A subordinate appellate court is an appellate court other than the High Court that hears and decides an appeal under the BNSS.

Section 428 prescribes how the judgment of such an appellate court is to be recorded. The judgment must contain the points for determination, the decision on those points, the reasons for the decision and, where necessary, the sentence imposed.

Statutory Basis

The statutory basis is Section 428 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The provision applies to judgments delivered by appellate courts other than the High Court.

It also provides for the certification and transmission of the judgment or order to the court whose judgment or order was appealed against.

Essential Contents of the Judgment

1. Points for Determination

The judgment must state the points that arose for determination in the appeal.

These points identify the issues considered by the appellate court.

2. Decision on Each Point

The appellate court must state its decision on the points for determination.

This makes clear how the court has resolved the issues raised in the appeal.

3. Reasons for the Decision

The judgment must contain the reasons for the appellate court’s decision.

The requirement of reasons ensures that the decision reflects judicial consideration rather than a mere conclusion.

4. Sentence, Where Necessary

Where the appellate court convicts the accused and passes a sentence, the judgment must specify the sentence.

The judgment must therefore clearly record the legal consequence flowing from the appellate decision.

Procedure After Delivery of Judgment

1. Delivery of Judgment

The subordinate appellate court delivers its judgment after hearing and deciding the appeal in accordance with the applicable provisions of the BNSS.

2. Certification of Judgment or Order

A copy of the judgment or order is certified by the appellate court.

The certified copy formally records the appellate decision for further action.

3. Transmission to the Relevant Court

The certified judgment or order is transmitted to the court against whose judgment or order the appeal was filed.

This enables the relevant court to take the steps required to give effect to the appellate decision.

4. Further Action

The court receiving the certified judgment or order gives effect to the appellate decision in accordance with law.

Where the appellate court has passed directions requiring further proceedings, those directions must be dealt with according to the terms of the appellate judgment and the applicable legal procedure.

Object and Purpose

Section 428 serves several procedural purposes:

• ensuring that appellate judgments clearly identify the issues for determination;
• requiring the appellate court to record its decisions and reasons;
• ensuring clarity where a sentence is imposed;
• providing an official mechanism for communicating the appellate decision to the relevant court;
• facilitating implementation of the appellate judgment or order.

Importance of Reasons in Appellate Judgments

The requirement to record reasons is an essential feature of judicial decision-making.

A reasoned judgment enables the parties to understand why the appellate court reached its conclusion. It also provides a proper record for any further legal proceedings that may be available under law.

The appellate court must therefore deal with the points arising for determination and state the basis for its conclusions.

Powers and Duties of the Appellate Court

The subordinate appellate court must:

• identify the points arising for determination;
• record its decision on those points;
• state the reasons supporting its decision;
• specify the sentence where the appellate decision results in conviction and sentencing;
• ensure certification and transmission of its judgment or order as required by law.

Important Distinctions

Judgment and Order

A judgment contains the court’s determination of the issues and the reasons supporting that determination.

An order is the formal direction or decision passed by the court. Depending on the nature of the proceedings, an appellate court may pass a judgment, an order or both.

Section 428 addresses the recording of appellate judgments and the transmission of the judgment or order for implementation.

High Court and Subordinate Appellate Court

Section 428 specifically concerns appellate courts subordinate to the High Court.

The High Court is governed by the separate provision applicable to its appellate judgments and orders. Therefore, the procedure under Section 428 should not automatically be treated as governing judgments of the High Court.

BNSS and CrPC

Section 428 of the BNSS, 2023 substantially corresponds to Section 387 of the Code of Criminal Procedure, 1973.

The basic framework has been retained. Judgments of subordinate appellate courts must state the points for determination, the decisions on those points, the reasons for those decisions and, where necessary, the sentence.

The provision also continues the mechanism for certifying and transmitting the appellate judgment or order to the relevant court for giving effect to the appellate decision.

Constitutional Connection

The requirement that appellate judgments contain reasons supports the broader principles of fair procedure and reasoned judicial decision-making.

A reasoned appellate decision promotes transparency and enables meaningful examination of the legal basis of the decision where a further remedy is available under law. These principles operate within the broader framework of procedural fairness under Article 21 of the Constitution of India.

Common Confusions

Must every appellate judgment contain reasons?

Yes.

Section 428 requires the subordinate appellate court to state its decision on the points for determination together with the reasons for those decisions.

Does Section 428 apply to the High Court?

No.

Section 428 specifically concerns judgments of appellate courts other than the High Court.

Why is the judgment transmitted to the lower court?

The transmission enables the court whose decision was appealed against to take the necessary steps to give effect to the appellate judgment or order.

Topic at a Glance

• Topic: Judgments of subordinate appellate courts
• BNSS Section: 428
• Application: Appellate courts other than the High Court
• Judgment Must Contain: Points for determination, decisions and reasons
• Sentence: Must be specified where required
• Post-Judgment Step: Certified judgment or order is transmitted to the relevant court
• Purpose: Reasoned decision-making and implementation of appellate decisions
• Corresponding CrPC Provision: Section 387

Quick Revision

• Section 428 deals with judgments of appellate courts other than the High Court.
• The judgment must state the points for determination.
• The court must record its decision on those points.
• Reasons for the decisions must be stated.
• Where applicable, the sentence must be specified.
• The judgment or order is certified and transmitted to the relevant court.
• The receiving court takes action to give effect to the appellate decision according to law.
• Section 428 substantially corresponds to Section 387 of the CrPC, 1973.

ALSO READ: Section 427 – Powers of Appellate Court

Conclusion

Section 428 of the BNSS, 2023 ensures that judgments of subordinate appellate courts are clear, reasoned and capable of effective implementation. By requiring the court to identify the issues, record its decisions and reasons, and provide for communication of the appellate judgment or order to the relevant court, the provision strengthens transparency and procedural certainty in the criminal appellate process.