Bharatiya Nagarik Suraksha Sanhita, 2023
Section 428
Judgments of subordinate Appellate Court
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.
Why this exists
This keeps judgment-writing standards consistent whether a court is deciding a case for the first time or on appeal, so appellate judgments meet the same quality and clarity requirements as trial judgments. The exemption from requiring the accused's presence to hear an appellate verdict reflects practical convenience -- especially for accused persons who may be in custody far from the appellate court -- while still letting the court insist on presence when it considers that necessary. It continues section 387 of the CrPC, 1973.