CrPC Section 404 (Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court) was not carried into the BNSS
Code of Criminal Procedure, 1973 · applies to offences and proceedings before 1 July 2024
NCRB's official correspondence table lists CrPC 404 as deleted (page 41), and BPR&D's gives it no BNSS counterpart. There is no provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 that replaces it.
CrPC 404: Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court
Before 1 July 2024
When the record of any trial held by a Metropolitan Magistrate is called for by the High Court or Court of Session under section 397, the Magistrate may submit with the record a statement setting forth the grounds of his decision or order and any facts which he thinks material to the issue, and that Court shall consider such statement before overruling or setting aside the said decision or order.
Which one applies
Procedure follows the proceeding. Under section 531(2)(a) of the BNSS, an appeal, application, trial, inquiry or investigation already pending on 1 July 2024 continues under the CrPC; one begun on or after that date proceeds under the BNSS.
Read BNSS section 531 →Judgments decided under CrPC 404
They still govern offences committed before 1 July 2024. With no BNSS counterpart, they do not carry forward.
Sources
- Correspondence Table and Comparison Summary of the Bharatiya Nagarik Suraksha Sanhita, 2023 to the Code of Criminal Procedure, 1973, Bureau of Police Research & Development, Ministry of Home Affairs.
- Bharatiya Nagarik Suraksha Sanhita, 2023: bare Act with Corresponding Section Table, National Crime Records Bureau (Sankalan), page 41.
- The Code of Criminal Procedure, 1973 (Act 2 of 1974), as amended, India Code, Legislative Department, Ministry of Law and Justice.
BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.