CRPC §405 → BNSS §446
High Court's order to be certified to lower Court
Jump to section
Comparison
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. CHAPTER XXXI TRANSFER OF CRIMINAL CASES
446.
(1) Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court.
(2) The Supreme Court may act under this section only on the application of the Attorney-General of India or of a party interested, and every such application shall be made by motion, which shall, except when the applicant is the Attorney-General of India or the Advocate-General of the State, be supported by affidavit or affirmation.
(3) Where any application for the exercise of the powers conferred by this section is dismissed, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum as it may consider appropriate in the circumstances of the case.
What changedAI-inferred
High Court s order to be certified to lower Court.
Old position
CrPC 405 is concerned with High Court's order to be certified to lower Court. High Court's order to be certified to lower Court
New position
BNSS 446 preserves the framework with drafting modernisations as required by the new code. Topic: Power of to transfer cases and appeals.. Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a
BNSS 446 (Power of to transfer cases and appeals.) preserves the framework of CrPC 405. BNSS 446 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 446 text: Whenever it is made to appear to the...
Editorial deltaAI-indicated (source-linked)
BNSS 446 (Power of to transfer cases and appeals.) preserves the framework of CrPC 405. BNSS 446 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 446 text: Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court of equal...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 405 continues to apply. For matters from that date forward, BNSS 446 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 446 (Power of to transfer cases and appeals.). 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 §405 → BNSS §446 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/crpc/405.
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.