Section 437 BNSS: Disposal of case according to decision of High Court
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 437 BNSS at a Glance
Section 437 BNSS deals with disposal of case according to decision of High Court. It replaced Section 396 CrPC on 1 July 2024.
Section 437 BNSS Bare Act Text
(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.
Source: Section 437, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 437 BNSS in Simple Words
Section 437 BNSS deals with a question that has been so referred. The High Court shall pass such order on the question as it thinks fit, and shall cause a copy of such order to be sent to the Court by which the reference was made. That Court shall dispose of the case conformably to the said order. The High Court may direct by whom the costs of such reference shall be paid.
When Section 437 BNSS Applies
- The High Court shall pass such order on a question that has been so referred as it thinks fit.
- The High Court shall cause a copy of such order to be sent to the Court by which the reference was made.
- The Court by which the reference was made shall dispose of the case conformably to the said order.
- The High Court may direct by whom the costs of such reference shall be paid.
Example of Section 437 BNSS
When Section 437 BNSS Does Not Apply
- Section 437 BNSS speaks of a question that has been so referred. It does not deal with the making of the reference itself, which Section 436 BNSS covers.
- Section 437 BNSS speaks of the order of the High Court on a reference. It does not deal with calling for records to exercise powers of revision, which Section 438 BNSS covers.
Section 437 BNSS in the CrPC (Previous Law)
Section 437 BNSS replaced Section 396 CrPC from 1 July 2024.
Section 396 CrPC became Section 437 BNSS from 1 July 2024. The heading is the same and the text is the same.
Each sub-section below names its own source.
FAQs on Section 437 BNSS
What order does the High Court pass on a question referred to it under Section 437 BNSS?▼
When a question has been so referred, the High Court shall pass such order thereon as it thinks fit.
What happens to the order of the High Court under Section 437 BNSS?▼
The High Court 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.
Who pays the costs of a reference under Section 437 BNSS?▼
Under Section 437(2) BNSS, the High Court may direct by whom the costs of such reference shall be paid.
What changed from Section 396 CrPC to Section 437 BNSS from 1 July 2024?▼
Nothing in the heading or the text. Section 437 BNSS has the same heading and the same text as Section 396 CrPC.
Section 437 BNSS: Sub-sections Explained
Section 437(1) BNSS: Disposal of case according to decision of High Court
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Bare Act Text
(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.
Section 437(2) BNSS: Disposal of case according to decision of High Court
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Bare Act Text
(2) The High Court may direct by whom the costs of such reference shall be paid.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·