Section 405 CrPC - High Court's Order to Be Certified to Lower Court

Section 405 of the Code of Criminal Procedure, 1973 required a High Court or Sessions Judge deciding a criminal revision to certify its decision to the court whose order was revised. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 445 BNSS.

Current legal position: The BNSS came into force on 1 July 2024 and repealed the CrPC, subject to the savings provisions in Section 531 BNSS. Pending proceedings covered by those savings may continue under the earlier Code.

Section 405 CrPC - Statutory provision

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.

Meaning and scope of Section 405 CrPC

This provision addresses the implementation of an order passed in revision. Once the High Court or Sessions Judge has revised a finding, sentence or order, the revisional court must communicate its decision to the court that originally made it. That lower court must then pass orders consistent with the revision decision and correct its records where necessary.

Key legal requirements

Revision decision: A High Court or Sessions Judge exercises revisional jurisdiction under the relevant chapter.
Certification: The revisional decision or order is certified to the court that recorded the finding, sentence or order under revision.
Compliance: The receiving court makes orders conforming to the certified decision.
Record correction: Where required, the lower court amends its record to reflect the revisional decision.

Section 445 BNSS - Current corresponding provision

Section 445 of the Bharatiya Nagarik Suraksha Sanhita, 2023 retains the substance of the earlier rule. The principal cross-reference is updated from Section 388 CrPC to Section 429 BNSS, dealing with certification of High Court appellate orders to lower courts.

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 429, 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.

Official reference: Bureau of Police Research and Development - BNSS text and CrPC comparison (PDF). For the authoritative legislation database, consult India Code.

What happens after a revision order?

For example, if a Sessions Judge modifies an order passed by a Magistrate in revision, the revisional decision is certified to the Magistrate's court. The Magistrate's court must then take the steps required by that decision and amend the relevant record if necessary. Section 405 CrPC and Section 445 BNSS regulate this transmission and compliance process; they do not themselves create a fresh right of appeal or revision.

CrPC and BNSS: Which provision applies?

For proceedings governed by the BNSS, Section 445 applies. For a pending appeal, application, trial, inquiry or investigation saved under Section 531(2)(a) BNSS, the CrPC may continue to govern the proceeding. The applicable procedure should be assessed from the relevant dates and procedural history rather than solely from the date of the final order.

Section 401 CrPC - High Court's powers of revision; Section 402 CrPC - Transfer of revision cases; Section 403 CrPC - Hearing of parties.

Frequently asked questions

What is the purpose of Section 405 CrPC?

It ensures that a court whose order has been revised receives the revisional decision and implements it, including any necessary correction of its records.

Which BNSS section replaces Section 405 CrPC?

Section 445 BNSS corresponds to Section 405 CrPC. It refers to Section 429 BNSS in place of Section 388 CrPC.

Can a lower court ignore a certified revision order?

No. The statutory provision requires the receiving court to make orders conforming to the certified revisional decision.

Updated: 18 October 2026. This article provides general legal information; the applicable statutory text and judicial orders should be checked for individual proceedings.