Criminal procedure | Appeals | Updated 18 October 2026
Section 387 CrPC - Judgments of Subordinate Appellate Courts | Section 428 BNSS
Section 387 of the Code of Criminal Procedure, 1973 governed how Sessions Courts and Chief Judicial Magistrates deliver appellate judgments. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 428.
Original text of Section 387 CrPC
The rules contained in Chapter XXVII 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 BNSS - Current corresponding provision
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.
The material rule is retained. The cross-reference changes from Chapter XXVII of the CrPC to Chapter XXIX of the BNSS, which deals with judgments.
Meaning and legal effect
1. What is a subordinate appellate court?
For this section, the relevant appellate courts are a Court of Session and a Chief Judicial Magistrate exercising appellate jurisdiction. The provision addresses the form and delivery of their judgments, not the separate question of whether an appeal is maintainable.
2. Judgment rules apply as far as practicable
These appellate courts must follow the applicable rules governing judgments of criminal courts of original jurisdiction to the extent practicable. This supports clear, reasoned decisions setting out the issues, findings and grounds for the result, with the precise requirements governed by the relevant judgment provisions and case law.
3. Must the accused attend when judgment is pronounced?
No, not merely because the appellate judgment is being delivered. The proviso expressly says that the accused need not be brought before the court or required to attend to hear the judgment, unless the appellate court directs otherwise. This does not dispense with any separate lawful direction requiring appearance or custody.
4. How does the provision relate to appellate powers?
Section 386 CrPC, corresponding to Section 427 BNSS, describes the appellate court's substantive powers. Section 387 CrPC / Section 428 BNSS concerns the rules governing the resulting appellate judgment.
CrPC and BNSS: Which law applies?
Section 531 BNSS repeals the CrPC while preserving specified pending appeals, applications, trials, inquiries and investigations. The applicable procedural regime depends on the facts and the saving provisions; it should not be decided solely from the date an appellate judgment is delivered.
Frequently asked questions
What is the BNSS equivalent of Section 387 CrPC?
Section 428 BNSS, titled "Judgments of subordinate Appellate Court."
Does Section 428 BNSS require the accused to be present?
Not ordinarily for hearing pronouncement of the appellate judgment, unless the appellate court directs attendance.
Does the appellate court have to give reasons?
The judgment rules apply so far as practicable, including applicable requirements for recording findings and reasons. The exact form depends on the relevant provisions and the nature of the appeal.
Official statutory sources
Consult the India Code official legislation portal for the authoritative enactments and amendments, and the Bureau of Police Research and Development BNSS reference PDF for the statutory text and corresponding provision. The BNSS, 2023 (Act 46 of 2023) and CrPC, 1973 (Act 2 of 1974) should be checked together where transitional provisions matter.
This article provides general legal information, not case-specific legal advice.