CrPC 409→BNSS 449

CrPC 409 to BNSS 449: Withdrawal of cases and appeals by Session Judge

Section 409 CrPC (1973) replaced by Section 449 BNSS (2023)

View CrPC Section 409 →View BNSS Section 449 →

CrPC 409 to BNSS 449 at a Glance

Section 409 CrPC (Withdrawal of cases and appeals by Session Judge) is now Section 449 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 409 to BNSS 449?

From 1 July 2024, Section 449 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 409 of the Code of Criminal Procedure, 1973 under the same heading, Withdrawal of cases and appeals by Sessions Judges. Section 449(1) BNSS does not name an Assistant Sessions Judge, where Section 409(1) CrPC named any Assistant Sessions Judge or Chief Judicial Magistrate. Section 449(3) BNSS reads Sanhita where Section 409(3) CrPC read Code. Section 449(2) BNSS has the same text as Section 409(2) CrPC.

CrPC 409 vs BNSS 449: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section409449
HeadingWithdrawal of cases and appeals by Session JudgeWithdrawal of cases and appeals by Sessions Judges
Sub-sections3 sub-sectionsSame

CrPC 409 and BNSS 449: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 409, CrPC 1973

409. Withdrawal of cases and appeals by Sessions Judges.—(1) A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to, any Assistant Sessions Judge or Chief Judicial Magistrate subordinate to him. (2) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge. (3) Where a Sessions Judge withdraws or recalls a case or appeal under sub-section (1) or sub-section (2), he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of this Code to another Court for trial or hearing, as the case may be.
BNSS 2023 (in force)

Section 449, BNSS 2023

449. Withdrawal of cases and appeals by Sessions Judges.—(1) A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to a Chief Judicial Magistrate subordinate to him. (2) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge. (3) Where a Sessions Judge withdraws or recalls case or appeal under sub-section (1) or sub-section (2), he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of this Sanhita to another Court for trial or hearing, as the case may be.

When It Applies: CrPC 409 vs BNSS 449

Under CrPC 409
  1. Under Section 409(1) CrPC, a Sessions Judge may withdraw any case or appeal from any Assistant Sessions Judge or Chief Judicial Magistrate subordinate to him.
  2. Under Section 409(1) CrPC, a Sessions Judge may recall any case or appeal which he has made over to any Assistant Sessions Judge or Chief Judicial Magistrate subordinate to him.
  3. Under Section 409(2) CrPC, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge.
  4. Where a Sessions Judge withdraws or recalls a case or appeal under Section 409(1) CrPC or Section 409(2) CrPC, he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of the Code to another Court for trial or hearing, as the case may be.
Under BNSS 449
  1. Under Section 449(1) BNSS, a Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to a Chief Judicial Magistrate subordinate to him.
  2. Under Section 449(1) BNSS, a Sessions Judge may recall any case or appeal which he has made over to a Chief Judicial Magistrate subordinate to him.
  3. Under Section 449(2) BNSS, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge.
  4. Where a Sessions Judge withdraws or recalls case or appeal under Section 449(1) BNSS or Section 449(2) BNSS, he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of the Sanhita to another Court for trial or hearing, as the case may be.

Time Limits: CrPC 409 to BNSS 449

Under CrPC 409
  • Under Section 409(2) CrPC, a Sessions Judge may recall a case or appeal at any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge.Act text: “At any time before the trial of the case or the hearing of the appeal has commenced”
Under BNSS 449
  • Under Section 449(2) BNSS, a Sessions Judge may recall a case or appeal at any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge.Act text: “At any time before the trial of the case or the hearing of the appeal has commenced”

What CrPC 409 to BNSS 449 Means in Practice

Section 449(1) BNSS names a Chief Judicial Magistrate subordinate to the Sessions Judge, and does not name an Assistant Sessions Judge, whom Section 409(1) CrPC named. Section 449(2) BNSS names an Additional Sessions Judge, as Section 409(2) CrPC did.

FAQs: CrPC 409 to BNSS 449

What changed in Section 449(1) BNSS about whom a Sessions Judge may withdraw a case or appeal from?▼

Section 449(1) BNSS reads made over to a Chief Judicial Magistrate subordinate to him where Section 409(1) CrPC read made over to, any Assistant Sessions Judge or Chief Judicial Magistrate subordinate to him. Section 449(1) BNSS does not name an Assistant Sessions Judge.

Did Section 449(2) BNSS change the words of Section 409(2) CrPC?▼

No. Section 449(2) BNSS has the same text as Section 409(2) CrPC. Under both, at any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge.

What changed in Section 449(3) BNSS compared to Section 409(3) CrPC?▼

Section 449(3) BNSS reads in accordance with the provisions of this Sanhita where Section 409(3) CrPC read in accordance with the provisions of this Code. The word Code is replaced by the word Sanhita.

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 ·