CrPC 396→BNSS 437

CrPC 396 to BNSS 437: Disposal of case according to decision of High Court

Section 396 CrPC (1973) replaced by Section 437 BNSS (2023)

View CrPC Section 396 →View BNSS Section 437 →

CrPC 396 to BNSS 437 at a Glance

Section 396 CrPC (Disposal of case according to decision of High Court) is now Section 437 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 396 to BNSS 437?

Section 396 CrPC became Section 437 BNSS from 1 July 2024. The heading is the same and the text is the same.

CrPC 396 vs BNSS 437: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section396437
HeadingDisposal of case according to decision of High CourtSame
Sub-sections2 sub-sectionsSame

CrPC 396 and BNSS 437: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 396, CrPC 1973

396. Disposal of case according to decision of High Court.—(1) When a question has been so referred, the High Court shall pass such order thereon as it thinks fit, and shall cause a copy of such order to be sent to the Court by which the reference was made, which shall dispose of the case conformably to the said order. (2) The High Court may direct by whom the costs of such reference shall be paid.
BNSS 2023 (in force)

Section 437, BNSS 2023

437. Disposal of case according to decision of High Court.—(1) When a question has been so referred, the High Court shall pass such order thereon as it thinks fit, and shall cause a copy of such order to be sent to the Court by which the reference was made, which shall dispose of the case conformably to the said order. (2) The High Court may direct by whom the costs of such reference shall be paid.

When It Applies: CrPC 396 vs BNSS 437

Under CrPC 396
  1. The High Court shall pass such order on a question that has been so referred as it thinks fit.
  2. The High Court shall cause a copy of such order to be sent to the Court by which the reference was made.
  3. The Court by which the reference was made shall dispose of the case conformably to the said order.
  4. The High Court may direct by whom the costs of such reference shall be paid.
Under BNSS 437
  1. The High Court shall pass such order on a question that has been so referred as it thinks fit.
  2. The High Court shall cause a copy of such order to be sent to the Court by which the reference was made.
  3. The Court by which the reference was made shall dispose of the case conformably to the said order.
  4. The High Court may direct by whom the costs of such reference shall be paid.

What CrPC 396 to BNSS 437 Means in Practice

From 1 July 2024 the provision on the disposal of a case according to the decision of the High Court is found in Section 437 BNSS. The text to read is the same as in Section 396 CrPC.

FAQs: CrPC 396 to BNSS 437

Where is Section 396 CrPC found from 1 July 2024?▼

Section 396 CrPC is found in Section 437 BNSS.

Does the text of Section 437 BNSS differ from Section 396 CrPC?▼

No. Section 437 BNSS has the same heading and the same text as Section 396 CrPC.

Who may direct the payment of costs under Section 437 BNSS?▼

Section 437(2) BNSS says the High Court may direct by whom the costs of such reference shall be paid. Section 396(2) CrPC reads the same.

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: 20 Oct 2026 ·