Section 404 CrPC: Statement by Metropolitan Magistrate to Be Considered by High Court

Section 404 of the Code of Criminal Procedure, 1973 dealt with a Metropolitan Magistrate's explanatory statement when a revisional court called for the record of a trial. The provision must now be read in light of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Current legal position: The CrPC was repealed with effect from 1 July 2024. Section 404 CrPC has no direct standalone equivalent in the BNSS. The transitional position depends on the repeal and savings rules in Section 531 BNSS. Do not confuse Section 404 CrPC with Section 404 BNSS, which concerns copies of judgments.

Text of Section 404 of the Code of Criminal Procedure, 1973

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.

Meaning and scope of Section 404 CrPC

The provision formed part of the CrPC framework for criminal revision, a supervisory process through which the High Court or Sessions Judge could examine the correctness, legality or propriety of a finding, sentence or order, and the regularity of proceedings of an inferior criminal court.

1. Calling for the trial record

Section 397 CrPC empowered the High Court and Sessions Judge to call for and examine records of subordinate criminal courts. Section 404 addressed the particular situation where the record concerned a trial held by a Metropolitan Magistrate.

2. Optional statement by the Magistrate

The Magistrate may send an accompanying statement explaining the grounds of the decision or order and material facts. The word "may" indicated that sending a separate statement was discretionary, rather than compulsory in every case.

3. Consideration by the revisional court

If such a statement was submitted, the revisional court was required to consider it before overruling or setting aside the Magistrate's decision or order. Consideration did not mean that the higher court was bound to accept the Magistrate's reasoning.

What changed under BNSS 2023?

The BNSS replaced the CrPC for the applicable proceedings from 1 July 2024. The specific mechanism formerly set out in Section 404 CrPC was not reproduced as a separate provision. Revisional jurisdiction continues under the BNSS, including Section 438 (calling for records), Section 440 (Sessions Judge's powers of revision), Section 442 (High Court's powers of revision), Section 443 (withdrawal or transfer of revision cases) and Section 444 (option to hear parties).

Section 531 BNSS repeals the CrPC and contains savings for specified proceedings pending immediately before commencement. Whether the former procedure applies to a particular matter requires attention to the date and procedural status of that matter.

Practical illustration

Suppose a Metropolitan Magistrate passed an order in a trial governed by the CrPC and the Sessions Court called for the record in revision. Under the former Section 404, the Magistrate could forward a statement identifying the reasons for the order and relevant facts. If submitted, the revisional court had to consider the statement before setting aside that order. The statement did not replace the record or determine the outcome.

Frequently asked questions

Is Section 404 CrPC still in force?

The CrPC was repealed on 1 July 2024. Its provisions may nevertheless remain relevant to proceedings protected by the savings clause in Section 531 BNSS.

Which BNSS section replaces Section 404 CrPC?

There is no direct standalone replacement. Section 404 BNSS addresses a different subject: copies of judgments.

Was the Magistrate required to submit a statement?

No. Section 404 CrPC permitted the Metropolitan Magistrate to submit a statement. But when one was submitted, the revisional court had to consider it before overruling or setting aside the decision or order.

Official legal resources

Legal information is provided for general reference. For a pending case, consult the applicable statute, court rules and current judicial decisions.