Section 405 CrPC: High Court's order to be certified to lower Court
Code of Criminal Procedure, 1973
Section 405 CrPC at a Glance
Section 405 CrPC deals with high Court's order to be certified to lower Court. From 1 July 2024 it is replaced by Section 445 BNSS.
What Section 405 CrPC Says
405. 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 388, 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 405, Code of Criminal Procedure, 1973
Section 405 CrPC in Simple Words
Section 405 of the Code of Criminal Procedure, 1973 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 405 CrPC Applies
- Section 405 CrPC 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 388 CrPC, 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 405 CrPC
When Section 405 CrPC Does Not Apply
- Section 405 CrPC speaks of a case revised under this Chapter. It does not deal with the order of the High Court on an appeal, which Section 388 CrPC deals with.
Section 405 CrPC Under BNSS 445: What Changed
Section 405 CrPC is now covered under Section 445 BNSS.
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 detailed comparison (CrPC 405 vs BNSS 445) →FAQs on Section 405 CrPC
Who certifies the decision or order under Section 405 CrPC?▼
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 388 CrPC.
What does the lower Court do on receiving the certified decision under Section 405 CrPC?▼
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 405 CrPC?▼
Section 405 CrPC says that, if necessary, the record shall be amended in accordance with the decision so certified.
Where is Section 405 CrPC found from 1 July 2024?▼
From 1 July 2024 the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973. Section 405 CrPC has no sub-sections, and maps as a whole to Section 445 BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·