Section 445 BNSS: High Court's order to be certified to lower Court
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 445 BNSS at a Glance
Section 445 BNSS deals with high Court's order to be certified to lower Court. It replaced Section 405 CrPC on 1 July 2024.
Section 445 BNSS Bare Act Text
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.
Source: Section 445, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 445 BNSS in Simple Words
Section 445 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with a case revised under this Chapter by the High Court or a Sessions Judge.
The High Court or the Sessions Judge shall certify its or his decision or order to the Court by which the finding, sentence or order revised was recorded or passed.
That Court shall thereupon make such orders as are conformable to the decision so certified.
When Section 445 BNSS Applies
- 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.
- The Court to which the decision or order is certified shall thereupon make such orders as are conformable to the decision so certified.
- If necessary, the record shall be amended in accordance with the decision so certified.
Example of Section 445 BNSS
When Section 445 BNSS Does Not Apply
- Section 445 BNSS speaks of a case revised under this Chapter. It does not deal with the order of the High Court on an appeal, which Section 429 BNSS deals with.
Section 445 BNSS in the CrPC (Previous Law)
Section 445 BNSS replaces Section 405 CrPC from the old criminal code.
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.
View CrPC Section 405 →FAQs on Section 445 BNSS
Who certifies the decision or order under Section 445 BNSS?▼
When a case is revised under this Chapter, the High Court or the Sessions Judge shall certify its or his decision or order to the Court by which the finding, sentence or order revised was recorded or passed, in the manner provided by Section 429 BNSS.
What does the lower Court do on receiving the certified decision under Section 445 BNSS?▼
The Court to which the decision or order is certified shall thereupon make such orders as are conformable to the decision so certified.
Is the record amended under Section 445 BNSS?▼
Section 445 BNSS says that, if necessary, the record shall be amended in accordance with the decision so certified.
What changed from Section 405 CrPC to Section 445 BNSS from 1 July 2024?▼
Section 445 BNSS has the same heading as Section 405 CrPC. The text is the same, except that Section 445 BNSS refers to Section 429 BNSS where Section 405 CrPC referred to Section 388 CrPC.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·