CrPC 395→BNSS 436

CrPC 395 to BNSS 436: Reference to High Court

Section 395 CrPC (1973) replaced by Section 436 BNSS (2023)

View CrPC Section 395 →View BNSS Section 436 →

CrPC 395 to BNSS 436 at a Glance

Section 395 CrPC (Reference to High Court) is now Section 436 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 395 to BNSS 436?

From 1 July 2024, Section 436 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 395 of the Code of Criminal Procedure, 1973 under the same heading, Reference to High Court. Section 436(2) BNSS names a Court of Session, where Section 395(2) CrPC named a Court of Session or a Metropolitan Magistrate. Section 436(1) BNSS, the Explanation to Section 436 BNSS and Section 436(3) BNSS have the same text as Section 395(1) CrPC, the Explanation to Section 395 CrPC and Section 395(3) CrPC.

CrPC 395 vs BNSS 436: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section395436
HeadingReference to High CourtSame
Sub-sections3 sub-sectionsSame

CrPC 395 and BNSS 436: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 395, CrPC 1973

395. Reference to High Court.—(1) Where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is Subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High Court. Explanation.—In this section, “Regulation” means any Regulation as defined in the General Clauses Act, 1897 (10 of 1897), or in the General Clauses Act of a State. (2) A Court of Session or a Metropolitan Magistrate may, if it or he thinks fit in any case pending before it or him to which the provisions of sub-section (1) do not apply, refer for the decision of the High Court any question of law arising in the hearing of such case. (3) Any Court making a reference to the High Court under sub-section (1) or sub-section (2) may, pending the decision of the High Court thereon, either commit the accused to jail or release him on bail to appear when called upon.
BNSS 2023 (in force)

Section 436, BNSS 2023

436. Reference to High Court.—(1) Where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High Court. Explanation.—In this section, "Regulation" means any Regulation as defined in the General Clauses Act, 1897, or in the General Clauses Act of a State. (2) A Court of Session may, if it thinks fit in any case pending before it to which the provisions of sub-section (1) do not apply, refer for the decision of the High Court any question of law arising in the hearing of such case. (3) Any Court making a reference to the High Court under sub-section (1) or sub-section (2) may, pending the decision of the High Court thereon, either commit the accused to jail or release him on bail to appear when called upon.

When It Applies: CrPC 395 vs BNSS 436

Under CrPC 395
  1. Any Court that is satisfied that a case pending before it involves a question as to the validity of an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that it is invalid or inoperative but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, shall state a case setting out its opinion and the reasons and refer it for the decision of the High Court.
  2. For the purposes of Section 395 CrPC, a Regulation means any Regulation as defined in the General Clauses Act, 1897, or in the General Clauses Act of a State.
  3. In a case pending before it or him to which Section 395(1) CrPC does not apply, a Court of Session or a Metropolitan Magistrate may, if it or he thinks fit, refer for the decision of the High Court any question of law arising in the hearing of the case.
  4. Any Court making a reference to the High Court under Section 395(1) CrPC or Section 395(2) CrPC may, pending the decision of the High Court on the reference, either commit the accused to jail or release him on bail to appear when called upon.
Under BNSS 436
  1. Any Court that is satisfied that a case pending before it involves a question as to the validity of an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that it is invalid or inoperative but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, shall state a case setting out its opinion and the reasons and refer it for the decision of the High Court.
  2. For the purposes of Section 436 BNSS, a Regulation means any Regulation as defined in the General Clauses Act, 1897, or in the General Clauses Act of a State.
  3. In a case pending before it to which Section 436(1) BNSS does not apply, a Court of Session may, if it thinks fit, refer for the decision of the High Court any question of law arising in the hearing of the case.
  4. Any Court making a reference to the High Court under Section 436(1) BNSS or Section 436(2) BNSS may, pending the decision of the High Court on the reference, either commit the accused to jail or release him on bail to appear when called upon.

What CrPC 395 to BNSS 436 Means in Practice

Under Section 436(2) BNSS, a Court of Session may, if it thinks fit, refer for the decision of the High Court any question of law arising in the hearing of a case to which Section 436(1) BNSS does not apply. Section 436(2) BNSS does not mention a Metropolitan Magistrate, whom Section 395(2) CrPC named.

FAQs: CrPC 395 to BNSS 436

Did Section 436(1) BNSS change the words of Section 395(1) CrPC?▼

No. Section 436(1) BNSS has the same text as Section 395(1) CrPC. Under both Section 395(1) CrPC and Section 436(1) BNSS, a Court that is satisfied that a case pending before it involves a question as to the validity of an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that it is invalid or inoperative but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, shall state a case setting out its opinion and the reasons and refer it for the decision of the High Court.

What changed in Section 436(2) BNSS about who may refer a question of law?▼

Section 436(2) BNSS reads A Court of Session may, if it thinks fit in any case pending before it, where Section 395(2) CrPC read A Court of Session or a Metropolitan Magistrate may, if it or he thinks fit in any case pending before it or him. Section 436(2) BNSS does not mention a Metropolitan Magistrate.

Did Section 436(3) BNSS change the words of Section 395(3) CrPC?▼

No. Section 436(3) BNSS has the same text as Section 395(3) CrPC. Under both Section 395(3) CrPC and Section 436(3) BNSS, a Court making a reference to the High Court under Section 395(1) CrPC or Section 395(2) CrPC, or under Section 436(1) BNSS or Section 436(2) BNSS, may, pending the decision of the High Court on the reference, either commit the accused to jail or release him on bail to appear when called upon.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·