Section 404 CrPC: Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court
Code of Criminal Procedure, 1973
Section 404 CrPC at a Glance
Section 404 CrPC dealt with statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court. It has no corresponding section in the BNSS, which replaced the CrPC from 1 July 2024.
What Section 404 CrPC Says
404. Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court
When the record of any trial held by a Metropolitan Magistrate is called for by the High Court or Court of Session under section 397, the Magistrate may submit with the record a statement setting forth the grounds of his decision or order and any facts which he thinks material to the issue, and that Court shall consider such statement before overruling or setting aside the said decision or order.
Source: Section 404, Code of Criminal Procedure, 1973
Section 404 CrPC in Simple Words
Section 404 of the Code of Criminal Procedure, 1973 allowed a Metropolitan Magistrate to place the reasoning behind a trial decision or order before a higher court that called for the trial record under Section 397 CrPC. When the High Court or the Court of Session summoned the record of a trial held by a Metropolitan Magistrate, the Magistrate had the power to send a statement along with the record.
That statement explained the grounds of the decision or order and any facts the Magistrate thought material to the issue. The higher court then had a mandatory duty to consider that statement before overruling or setting aside the decision or order.
When Section 404 CrPC Applies
- Section 404 of the Code of Criminal Procedure, 1973 applied when the High Court or the Court of Session summoned the record of a trial conducted by a Metropolitan Magistrate under Section 397 CrPC.
- The Metropolitan Magistrate who held the trial may send a written statement along with the trial record explaining the reasons for the decision or order.
- In that statement, the Metropolitan Magistrate may also include any facts that the Magistrate thinks material to the issue under examination.
- The High Court or the Court of Session that called for the record shall consider the statement of the Metropolitan Magistrate before overruling or setting aside that decision or order.
Example of Section 404 CrPC
When Section 404 CrPC Does Not Apply
- Section 404 of the Code of Criminal Procedure, 1973 did not apply when the record did not concern a trial held by a Metropolitan Magistrate.
- Section 404 CrPC did not apply when the record of the trial was not called for by the High Court or the Court of Session under Section 397 CrPC.
- The duty of the High Court or the Court of Session to consider a statement before overruling or setting aside the decision or order did not arise when the Metropolitan Magistrate did not submit a statement with the record.
No Corresponding BNSS Section
Section 404 CrPC has no counterpart in the Bharatiya Nagarik Suraksha Sanhita, 2023.
FAQs on Section 404 CrPC
When could a Metropolitan Magistrate submit a statement under Section 404 CrPC?▼
A Metropolitan Magistrate could submit a statement under Section 404 of the Code of Criminal Procedure, 1973 when the High Court or the Court of Session called for the record of any trial held by that Magistrate under Section 397 CrPC. The statement was submitted along with the trial record. It set forth the grounds for the decision or order of the Magistrate and any facts that the Magistrate thought material to the issue.
Was a Metropolitan Magistrate required to submit a statement every time a trial record was called for under Section 397 CrPC?▼
No, submitting a statement was discretionary rather than mandatory. Section 404 of the Code of Criminal Procedure, 1973 used the word may, which gave the Metropolitan Magistrate the option to submit a statement with the trial record when the High Court or the Court of Session called for it under Section 397 CrPC. The Magistrate was not under a legal duty to send a statement of grounds and material facts with the record.
What duty did the High Court or the Court of Session have when a Metropolitan Magistrate submitted a statement under Section 404 CrPC?▼
When a Metropolitan Magistrate submitted a statement with the trial record under Section 404 of the Code of Criminal Procedure, 1973, the High Court or the Court of Session had a mandatory duty to consider that statement. Section 404 CrPC stated that the court that called for the record under Section 397 CrPC shall consider the statement of grounds and material facts before overruling or setting aside the decision or order of the Magistrate.
What replaced Section 404 CrPC in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
The Code of Criminal Procedure, 1973 stood in force until 30 June 2024 and was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The official comparison tables between the Code and the Sanhita list no BNSS section for Section 404 CrPC. As a result, the Sanhita has no section in place of Section 404 CrPC for a Metropolitan Magistrate to submit a statement of grounds with a trial record.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·