Section 396 CrPC: Disposal of case according to decision of High Court

Code of Criminal Procedure, 1973

Section 396 CrPC at a Glance

Section 396 CrPC deals with disposal of case according to decision of High Court. From 1 July 2024 it is replaced by Section 437 BNSS.

Now BNSS

Section 437 →

What Section 396 CrPC Says

396. Disposal of case according to decision of High Court

(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 396, Code of Criminal Procedure, 1973

Section 396 CrPC in Simple Words

Section 396 CrPC 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 396 CrPC 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 396 CrPC

A Court refers a question to the High Court. The High Court passes such order on the question as it thinks fit and causes 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 396 CrPC Does Not Apply

  • Section 396 CrPC speaks of a question that has been so referred. It does not deal with the making of the reference itself, which Section 395 CrPC covers.
  • Section 396 CrPC 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 397 CrPC covers.

Section 396 CrPC Under BNSS 437: What Changed

Section 396 CrPC is now covered under Section 437 BNSS.

Section 396 CrPC became Section 437 BNSS from 1 July 2024. The heading is the same and the text is the same.

View detailed comparison (CrPC 396 vs BNSS 437) →

FAQs on Section 396 CrPC

What order does the High Court pass on a question referred to it under Section 396 CrPC?▼

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 396 CrPC?▼

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 396 CrPC?▼

Under Section 396(2) CrPC, the High Court may direct by whom the costs of such reference shall be paid.

Where is Section 396 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 396(1) CrPC is found in Section 437(1) BNSS and Section 396(2) CrPC in Section 437(2) BNSS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·