Section 429 BNSS: Order of High Court on Appeal to Be Certified to Lower Court
Updated: 12 September 2026
Section 429 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) sets out the procedure to be followed after the High Court decides a criminal appeal under Chapter XXXI. It requires the High Court's judgment or order to be formally certified to the court whose finding, sentence or order was appealed against, and requires that court to give effect to the High Court's decision.
Section 429 at a Glance
- The provision applies when the High Court decides an appeal under the appeals chapter of the BNSS.
- The High Court must certify its judgment or order to the court that passed the finding, sentence or order under appeal.
- If the originating court is a Judicial Magistrate other than the Chief Judicial Magistrate, transmission is through the Chief Judicial Magistrate.
- If the originating court is an Executive Magistrate, transmission is through the District Magistrate.
- The receiving court must pass consequential orders consistent with the High Court's judgment or order and amend the record where necessary.
Text of Section 429 BNSS
429. Order of High Court on appeal to be certified to lower Court. —
(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.
Meaning and Purpose of Section 429
Section 429 is a procedural provision designed to ensure that a High Court's appellate decision is formally communicated to, and implemented by, the court whose decision was under appeal. The section therefore connects the appellate judgment with the consequential action that must occur in the lower court record and proceedings.
1. Certification of the High Court judgment or order
Once the High Court decides an appeal under Chapter XXXI, its judgment or order is to be certified to the court that recorded the finding, passed the sentence or made the order challenged in appeal. This formal certification enables the subordinate court to act on the appellate decision.
2. Route where the original court is a Judicial Magistrate
Where the relevant court is a Judicial Magistrate other than the Chief Judicial Magistrate, the High Court's judgment or order is sent through the Chief Judicial Magistrate. The provision therefore specifies the administrative channel through which the appellate decision reaches the concerned Magistrate.
3. Route where the original court is an Executive Magistrate
If the court concerned is that of an Executive Magistrate, the High Court's judgment or order is sent through the District Magistrate.
4. Duty of the lower court after certification
Sub-section (2) requires the receiving court to make orders that conform to the High Court's judgment or order. Where necessary, the court must also amend its record so that the record accurately reflects the appellate decision.
Practical Effect of Section 429
| Stage | Authority | Action under Section 429 |
|---|---|---|
| Appeal decided | High Court | Certifies its judgment or order to the court whose decision was appealed. |
| Originating court is a Judicial Magistrate other than the CJM | High Court / Chief Judicial Magistrate | High Court's judgment or order is transmitted through the Chief Judicial Magistrate. |
| Originating court is an Executive Magistrate | High Court / District Magistrate | High Court's judgment or order is transmitted through the District Magistrate. |
| After certification | Receiving court | Passes consequential orders consistent with the High Court's decision and amends the record where required. |
Related BNSS Provisions
Section 429 appears in Chapter XXXI dealing with appeals. It should be read with the immediately preceding provisions concerning appellate powers and judgments, including Section 427 - Powers of Appellate Court and Section 428 - Judgments of subordinate Appellate Court. It is followed by Section 430 - Suspension of sentence pending appeal; release of appellant on bail.
Section 445 of the BNSS, dealing with certification of a High Court's or Sessions Judge's decision in revision, also expressly refers to the manner provided by Section 429.
Commencement of the BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. The Central Government appointed 1 July 2024 as the date on which the BNSS came into force, subject to the notified exception concerning the First Schedule entry linked to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.
Official Legal Sources
For the authoritative statutory text, see the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code.
For the commencement notification, see the Ministry of Home Affairs notification dated 23 February 2024.
Frequently Asked Questions
What does Section 429 BNSS deal with?
It deals with certification of a High Court judgment or order passed in appeal to the lower court whose finding, sentence or order was challenged, and with the lower court's duty to implement that appellate decision.
What must the lower court do after receiving the High Court's certified judgment or order?
It must pass orders that conform to the High Court's judgment or order and, where required, amend its record accordingly.
How is the High Court's decision sent when the lower court is a Judicial Magistrate?
If the court is a Judicial Magistrate other than the Chief Judicial Magistrate, the High Court's judgment or order is sent through the Chief Judicial Magistrate.
How is it sent when the lower court is an Executive Magistrate?
It is sent through the District Magistrate.