CrPC 404 Omitted in BNSS, What It Said

What Happened to CrPC 404?

Section 404 of the Code of Criminal Procedure, 1973 allowed a Metropolitan Magistrate to submit a statement of grounds and facts that the Magistrate thought material to the issue when a trial record was called for under Section 397 CrPC. The High Court or the Court of Session had to consider that statement before overruling or setting aside the decision or order. The official comparison tables list no Bharatiya Nagarik Suraksha Sanhita, 2023 section for Section 404 CrPC, and the Sanhita has no section in its place.

CrPC 404 Has No Corresponding BNSS Section

The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024. The official comparison tables list no section of the Sanhita for Section 404 CrPC (Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court).

What CrPC 404 Means in Practice

From 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 has no section in place of Section 404 of the Code of Criminal Procedure, 1973. The Sanhita gives no such power for a Metropolitan Magistrate to submit a statement of grounds and material facts with a trial record called for by the High Court or the Court of Session, and creates no duty to consider such a statement.

FAQs: CrPC 404

Does the Bharatiya Nagarik Suraksha Sanhita, 2023 have a section corresponding to Section 404 CrPC?▼

No. The official comparison tables between the Code of Criminal Procedure, 1973 and the Bharatiya Nagarik Suraksha Sanhita, 2023 list no BNSS section for Section 404 CrPC. When the Sanhita replaced the Code from 1 July 2024, no section was enacted in place of Section 404 CrPC regarding a statement of grounds by a Metropolitan Magistrate when a trial record is called for.

What did Section 404 CrPC provide before 1 July 2024 that is omitted in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Until 30 June 2024, Section 404 of the Code of Criminal Procedure, 1973 allowed a Metropolitan Magistrate whose trial record was called for under Section 397 CrPC to submit a statement of the grounds of the decision or order and any facts thought material to the issue. The High Court or the Court of Session had to consider that statement before overruling or setting aside the decision or order. The Bharatiya Nagarik Suraksha Sanhita, 2023 has no section in its place.