CrPC 405→BNSS 445

CrPC 405 to BNSS 445: High Court's order to be certified to lower Court

Section 405 CrPC (1973) replaced by Section 445 BNSS (2023)

View CrPC Section 405 →View BNSS Section 445 →

CrPC 405 to BNSS 445 at a Glance

Section 405 CrPC (High Court's order to be certified to lower Court) is now Section 445 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 405 to BNSS 445?

Section 405 CrPC became Section 445 BNSS from 1 July 2024. The heading is the same. The text is the same, except that Section 445 BNSS refers to Section 429 BNSS where Section 405 CrPC referred to Section 388 CrPC.

CrPC 405 vs BNSS 445: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section405445
HeadingHigh Court's order to be certified to lower CourtSame
Cross-referencess.388s.429

CrPC 405 and BNSS 445: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 405, CrPC 1973

405. High Court's order to be certified to lower Court.—When a case is revised under this Chapter by the High Court or a Sessions Judge, it or he shall, in the manner provided by section 388, certify its decision or order to the Court by which the finding, sentence or order revised was recorded or passed, and the Court to which the decision or order is so certified shall thereupon make such orders as are conformable to the decision so certified, and, if necessary, the record shall be amended in accordance therewith.
BNSS 2023 (in force)

Section 445, BNSS 2023

445. High Court's order to be certified to lower Court.—When a case is revised under this Chapter by the High Court or a Sessions Judge, it or he shall, in the manner provided by section 429, certify its decision or order to the Court by which the finding, sentence or order revised was recorded or passed, and the Court to which the decision or order is so certified shall thereupon make such orders as are conformable to the decision so certified, and, if necessary, the record shall be amended in accordance therewith.

When It Applies: CrPC 405 vs BNSS 445

Under CrPC 405
  1. Section 405 CrPC applies when a case is revised under this Chapter by the High Court or a Sessions Judge. The High Court or the Sessions Judge shall certify the decision or order, in the manner provided by Section 388 CrPC, to the Court by which the finding, sentence or order revised was recorded or passed.
  2. The Court to which the decision or order is certified shall thereupon make such orders as are conformable to the decision so certified.
  3. If necessary, the record shall be amended in accordance with the decision so certified.
Under BNSS 445
  1. Section 445 BNSS applies when a case is revised under this Chapter by the High Court or a Sessions Judge. The High Court or the Sessions Judge shall certify the decision or order, in the manner provided by Section 429 BNSS, to the Court by which the finding, sentence or order revised was recorded or passed.
  2. The Court to which the decision or order is certified shall thereupon make such orders as are conformable to the decision so certified.
  3. If necessary, the record shall be amended in accordance with the decision so certified.

What CrPC 405 to BNSS 445 Means in Practice

From 1 July 2024, the certification of the order of the High Court or a Sessions Judge to the lower Court is found in Section 445 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The manner of certification is found by following the reference to Section 429 BNSS in place of Section 388 CrPC.

FAQs: CrPC 405 to BNSS 445

What changed when Section 405 CrPC became Section 445 BNSS?▼

The section number and one cross-reference. Section 445 BNSS has the same heading and the same text as Section 405 CrPC, except that it refers to Section 429 BNSS where Section 405 CrPC referred to Section 388 CrPC.

Which section does Section 445 BNSS refer to for the manner of certifying?▼

Section 429 BNSS. Section 405 CrPC referred to Section 388 CrPC for the same purpose.

Did the heading change from Section 405 CrPC to Section 445 BNSS?▼

No. Both carry the heading High Court's order to be certified to lower Court.

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 ·