Section 409 CrPC: Withdrawal of cases and appeals by Session Judge

Code of Criminal Procedure, 1973

Section 409 CrPC at a Glance

Section 409 CrPC deals with withdrawal of cases and appeals by Session Judge. From 1 July 2024 it is replaced by Section 449 BNSS.

Now BNSS

Section 449 →

What Section 409 CrPC Says

409. Withdrawal of cases and appeals by Session Judge

Withdrawal of cases and appeals by Sessions Judges.

(1) A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to, any Assistant Sessions Judge or Chief Judicial Magistrate subordinate to him.

(2) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge.

(3) Where a Sessions Judge withdraws or recalls a case or appeal under sub-section (1) or sub-section (2), he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of this Code to another Court for trial or hearing, as the case may be.

Source: Section 409, Code of Criminal Procedure, 1973

Section 409 CrPC in Simple Words

Section 409 of the Code of Criminal Procedure, 1973 is headed Withdrawal of cases and appeals by Sessions Judges. Under Section 409(1) CrPC, a Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to, any Assistant Sessions Judge or Chief Judicial Magistrate subordinate to him.

Under Section 409(2) CrPC, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge at any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge. Section 409(3) CrPC says what the Sessions Judge may do after withdrawing or recalling.

When Section 409 CrPC Applies

  • Under Section 409(1) CrPC, a Sessions Judge may withdraw any case or appeal from any Assistant Sessions Judge or Chief Judicial Magistrate subordinate to him.
  • Under Section 409(1) CrPC, a Sessions Judge may recall any case or appeal which he has made over to any Assistant Sessions Judge or Chief Judicial Magistrate subordinate to him.
  • Under Section 409(2) CrPC, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge.
  • Where a Sessions Judge withdraws or recalls a case or appeal under Section 409(1) CrPC or Section 409(2) CrPC, he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of the Code to another Court for trial or hearing, as the case may be.

Time Limits Under Section 409 CrPC

  • Under Section 409(2) CrPC, a Sessions Judge may recall a case or appeal at any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge.Act text: “At any time before the trial of the case or the hearing of the appeal has commenced”

Example of Section 409 CrPC

Sessions Judge Rajesh has made over a criminal appeal filed by Arjun to Additional Sessions Judge Meera, and has made over a case involving Deepak to Chief Judicial Magistrate Kavita, who is subordinate to Sessions Judge Rajesh. Under Section 409(1) CrPC, Sessions Judge Rajesh may recall the case from Chief Judicial Magistrate Kavita. The hearing of the appeal has not commenced before Additional Sessions Judge Meera, so under Section 409(2) CrPC Sessions Judge Rajesh may recall the appeal. Under Section 409(3) CrPC, Sessions Judge Rajesh may either try the case in the Court of Sessions Judge Rajesh or hear the appeal, or make the case or appeal over in accordance with the provisions of the Code to another Court for trial or hearing, as the case may be.

When Section 409 CrPC Does Not Apply

  • Section 409(1) CrPC speaks of a Sessions Judge withdrawing or recalling a case or appeal from an Assistant Sessions Judge or Chief Judicial Magistrate subordinate to him. It does not deal with the withdrawal of cases by a Judicial Magistrate, which is found in Section 410 CrPC, Withdrawal of cases by Judicial Magistrate.
  • Section 409 CrPC speaks of a Sessions Judge withdrawing or recalling a case or appeal. It does not deal with the transfer of a case from one Criminal Court to another Criminal Court in his sessions division, which is found in Section 408 CrPC, Power of Sessions Judge to transfer cases and appeals.

Section 409 CrPC Under BNSS 449: What Changed

Section 409 CrPC is now covered under Section 449 BNSS.

From 1 July 2024, Section 449 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 409 of the Code of Criminal Procedure, 1973 under the same heading, Withdrawal of cases and appeals by Sessions Judges. Section 449(1) BNSS does not name an Assistant Sessions Judge, where Section 409(1) CrPC named any Assistant Sessions Judge or Chief Judicial Magistrate. Section 449(3) BNSS reads Sanhita where Section 409(3) CrPC read Code. Section 449(2) BNSS has the same text as Section 409(2) CrPC.

View detailed comparison (CrPC 409 vs BNSS 449) →

FAQs on Section 409 CrPC

From whom may a Sessions Judge withdraw or recall a case or appeal under Section 409(1) CrPC?▼

Under Section 409(1) of the Code of Criminal Procedure, 1973, a Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to, any Assistant Sessions Judge or Chief Judicial Magistrate subordinate to him.

When may a Sessions Judge recall a case or appeal made over to an Additional Sessions Judge under Section 409(2) CrPC?▼

Under Section 409(2) of the Code of Criminal Procedure, 1973, at any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge.

What may a Sessions Judge do after withdrawing or recalling a case or appeal under Section 409 CrPC?▼

Under Section 409(3) of the Code of Criminal Procedure, 1973, where a Sessions Judge withdraws or recalls a case or appeal under Section 409(1) CrPC or Section 409(2) CrPC, he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of the Code to another Court for trial or hearing, as the case may be.

Where is Section 409 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 409 CrPC is found in Section 449 BNSS, which has the same heading, Withdrawal of cases and appeals by Sessions Judges. Section 409(1) CrPC is found in Section 449(1) BNSS, Section 409(2) CrPC is found in Section 449(2) BNSS and Section 409(3) CrPC is found in Section 449(3) BNSS. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·