BNSS §436
High Court. 10 of 1897.
Jump to section
Comparison
395. Reference to High Court.—(1) Where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is Subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High Court. Explanation.—In this section, “Regulation” means any Regulation as defined in the General Clauses Act, 1897 (10 of 1897), or in the General Clauses Act of a State.
(2) A Court of Session or a Metropolitan Magistrate may, if it or he thinks fit in any case pending before it or him to which the provisions of sub-section
(1) do not apply, refer for the decision of the High Court any question of law arising in the hearing of such case.
(3) Any Court making a reference to the High Court under sub-section
(1) or sub-section
(2) may, pending the decision of the High Court thereon, either commit the accused to jail or release him on bail to appear when called upon.
436.
(1) Where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High Court. Appellate Court may take further evidence or direct it to be taken. Procedure where Judges of Court of appeal are equally divided. Finality of judgments and orders on appeal. Abatement of appeals. Explanation.—In this section, "Regulation" means any Regulation as defined in the General Clauses Act, 1897, or in the General Clauses Act of a State.
(2) A Court of Session may, if it thinks fit in any case pending before it to which the provisions of sub-section
(1) do not apply, refer for the decision of the High Court any question of law arising in the hearing of such case.
(3) Any Court making a reference to the High Court under sub-section
(1) or sub-section
(2) may, pending the decision of the High Court thereon, either commit the accused to jail or release him on bail to appear when called upon.
What changedAI-inferred
Reference to High Court.
Old position
CrPC 395 is concerned with Reference to High Court. Reference to High Court
New position
BNSS 436 preserves the framework with drafting modernisations as required by the new code. Topic: High Court. 10 of 1897.. Where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary
BNSS 436 (High Court. 10 of 1897.) preserves the framework of CrPC 395. BNSS 436 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 436 text: Where any Court is satisfied that a case pending...
Editorial deltaAI-indicated (source-linked)
BNSS 436 (High Court. 10 of 1897.) preserves the framework of CrPC 395. BNSS 436 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 436 text: Where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance,...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 395 continues to apply. For matters from that date forward, BNSS 436 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 436 (High Court. 10 of 1897.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §395 → BNSS §436 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bnss/436.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.