Bharatiya Nagarik Suraksha Sanhita, 2023
Section 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.
Why this exists
This ensures the High Court's appellate decision actually gets implemented at the ground level, not just decided on paper. Routing the communication through the Chief Judicial Magistrate or District Magistrate, depending on which kind of officer originally handled the matter, reflects the administrative hierarchy those officers sit within, ensuring the message reaches the right level of authority to properly act on it. It continues section 388 of the CrPC, 1973.