CrPC · Chapter XXX · Reference and revision

CrPC section 404 in the BNSS

CrPC 404Not carried over

CrPC section 404, “Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court”, was not carried into the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced the CrPC on 1 July 2024.

What changed

Why there is no BNSS section

Not carried into the BNSS, which abolishes Metropolitan Magistrates.

The official text

Old and new, side by side

Code of Criminal Procedure, 1973

Section 404 Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court

When the record of any trial held by a Metropolitan Magistrate is called for by the High Court or Court of Session under section 397, the Magistrate may submit with the record a statement setting forth the grounds of his decision or order and any facts which he thinks material to the issue, and that Court shall consider such statement before overruling or setting aside the said decision or order.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BNSS repealed the CrPC from 1 July 2024 (section 531(1)). Any appeal, application, trial, inquiry or investigation pending immediately before that date is disposed of under the CrPC as it then stood, as if the BNSS had not come into force (section 531(2)(a)). Anything not pending on that date follows the BNSS.