Section 477 CrPC: Power of High Court to make rules

Code of Criminal Procedure, 1973

Section 477 CrPC at a Glance

Section 477 CrPC deals with power of High Court to make rules. From 1 July 2024 it is replaced by Section 523 BNSS.

Now BNSS

Section 523 →

What Section 477 CrPC Says

477. Power of High Court to make rules

(1) Every High Court may, with the previous approval of the State Government, make rules—

(a) as to the persons who may be permitted to act as petition-writers in the Criminal Courts subordinate to it;

(b) regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them;

(c) providing a penalty for a contravention of any of the rules so made and determining the authority by which such contravention may be investigated and the penalties imposed;

(d) any other matter which is required to be, or may be, prescribed.

(2) All rules made under this section shall be published in the Official Gazette.

Source: Section 477, Code of Criminal Procedure, 1973

Section 477 CrPC in Simple Words

Section 477 of the Code of Criminal Procedure, 1973 deals with the power of the High Court to make rules.

Under Section 477(1) CrPC, every High Court may, with the previous approval of the State Government, make rules as to the persons who may be permitted to act as petition-writers in the Criminal Courts subordinate to it, regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them, providing a penalty for a contravention of any of the rules so made, and on any other matter which is required to be, or may be, prescribed.

Under Section 477(2) CrPC, all rules made shall be published in the Official Gazette.

When Section 477 CrPC Applies

  • Under Section 477(1) CrPC, every High Court may, with the previous approval of the State Government, make rules.
  • Section 477(1)(a) CrPC speaks of rules as to the persons who may be permitted to act as petition-writers in the Criminal Courts subordinate to the High Court.
  • Section 477(1)(b) CrPC speaks of rules regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them.
  • Section 477(1)(c) CrPC speaks of rules providing a penalty for a contravention of any of the rules so made and determining the authority by which such contravention may be investigated and the penalties imposed.
  • Section 477(1)(d) CrPC speaks of rules on any other matter which is required to be, or may be, prescribed.
  • Under Section 477(2) CrPC, all rules made shall be published in the Official Gazette.

Example of Section 477 CrPC

A High Court, with the previous approval of the State Government, makes rules as to the persons who may be permitted to act as petition-writers in the Criminal Courts subordinate to the High Court. Under Section 477(1)(b) CrPC, the rules may regulate the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them. Under Section 477(2) CrPC, the rules shall be published in the Official Gazette.

When Section 477 CrPC Does Not Apply

  • Section 477 CrPC speaks of rules made by the High Court with the previous approval of the State Government. It does not deal with the delivery to commanding officers of persons liable to be tried by Court-martial, which Section 475 CrPC speaks of.
  • Section 477 CrPC speaks of the power of the High Court to make rules. It does not deal with forms, which Section 476 CrPC speaks of.

Section 477 CrPC Under BNSS 523: What Changed

Section 477 CrPC is now covered under Section 523 BNSS.

Section 477 of the Code of Criminal Procedure, 1973 was replaced by Section 523 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The heading is the same. Section 523(1)(d) BNSS reads any other matter which is required to be, or may be, provided by rules made by the State Government where Section 477(1)(d) CrPC read any other matter which is required to be, or may be, prescribed. The rest of the text is in the same words.

View detailed comparison (CrPC 477 vs BNSS 523) →

FAQs on Section 477 CrPC

What may a High Court do under Section 477(1) CrPC?▼

Under Section 477(1) of the Code of Criminal Procedure, 1973, every High Court may, with the previous approval of the State Government, make rules as to the persons who may be permitted to act as petition-writers in the Criminal Courts subordinate to it, regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them.

What else may the rules made under Section 477(1) CrPC provide?▼

Section 477(1)(c) CrPC speaks of providing a penalty for a contravention of any of the rules so made and determining the authority by which such contravention may be investigated and the penalties imposed. Section 477(1)(d) CrPC speaks of any other matter which is required to be, or may be, prescribed.

How are rules made under Section 477 CrPC published?▼

Section 477(2) CrPC provides that all rules made shall be published in the Official Gazette.

Where is Section 477 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

From 1 July 2024, Section 477 of the Code of Criminal Procedure, 1973 is found in Section 523 BNSS. Section 477(1) CrPC is found in Section 523(1) BNSS, with Section 477(1)(a) CrPC to Section 477(1)(d) CrPC found in Section 523(1)(a) BNSS to Section 523(1)(d) BNSS respectively, and Section 477(2) CrPC is found in Section 523(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: 22 Oct 2026 ·