Indian criminal procedure law

Section 474 CrPC - Trials Before High Courts

Section 474 of the Code of Criminal Procedure, 1973 governed the procedure for certain criminal trials before a High Court. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 520.

Current legal position: The BNSS came into force on 1 July 2024 and repealed the CrPC, subject to the savings in Section 531 BNSS. Section 520 BNSS is the corresponding provision for trials before High Courts.

Section 474 CrPC - statutory provision

Heading: Trials before High Courts.

When an offence is tried by the High Court otherwise than under section 407, it shall, in the trial of the offence, observe the same procedure as a Court of Session would observe if it were trying the case.

This provision was part of Chapter XXXVII (Miscellaneous) of the Code of Criminal Procedure, 1973. The reference to Section 407 CrPC concerns the High Court's power to transfer cases and appeals.

Section 520 BNSS - trials before High Courts

Section 520 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in Chapter XXXIX (Miscellaneous), provides:

When an offence is tried by the High Court otherwise than under section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would observe if it were trying the case.

The principal cross-reference is now Section 447 BNSS, which deals with the power of the High Court to transfer cases and appeals. Section 520 substantially carries forward the procedural rule formerly stated in Section 474 CrPC.

Meaning and scope of trials before High Courts

Section 474 CrPC and Section 520 BNSS specify the procedure to be followed when a High Court itself tries a criminal offence in a case falling within the provision. The High Court must ordinarily follow the procedure that a Court of Session would follow in trying that offence.

What is a Court of Session?

A Court of Session is a criminal court constituted for a sessions division and generally deals with serious criminal cases under the applicable criminal procedure law. The expression is relevant because the provision adopts the sessions-trial procedure as the procedural model for the High Court in the specified circumstances.

Does every criminal matter before a High Court become a trial?

No. High Courts also exercise appellate, revisional, transfer and other jurisdictions. This provision addresses a situation in which the High Court tries an offence; it does not convert every appeal, revision or petition into a criminal trial.

Exception relating to transfer of cases

The words "otherwise than under section 407" in the CrPC and "otherwise than under section 447" in the BNSS distinguish trials covered by this rule from cases arising under the High Court's statutory transfer power. The procedure and directions applicable to a transferred matter must be determined under the relevant transfer provision and other applicable law.

For example, if a High Court is legally required to try an offence in a situation covered by Section 520 BNSS, it follows the sessions-trial procedure. Where the High Court is acting on a transfer request, Section 447 BNSS must also be examined; Section 520 should not be read as a stand-alone rule governing every transferred case.

Which law applies after 1 July 2024?

Section 531 BNSS repeals the Code of Criminal Procedure, 1973, while preserving specified pending appeals, applications, trials, inquiries and investigations under its savings clause. Accordingly, the applicable procedural law depends on the nature and procedural history of the particular proceeding, including whether it was pending immediately before commencement of the BNSS.

Practitioners should identify the governing procedure before citing Section 474 CrPC or Section 520 BNSS. The date of commencement of the new legislation alone is not a sufficient substitute for examining the statutory savings provisions.

Key points

Section 474 CrPC concerned criminal trials conducted by High Courts.
Section 520 BNSS is the corresponding current provision.
The applicable procedure is generally the procedure followed by a Court of Session.
The statutory exception refers to Section 407 CrPC or Section 447 BNSS, respectively.
Section 531 BNSS must be considered for pending proceedings governed by the former Code.

Official legal references

For the authoritative enactments and correspondence between provisions, consult the following government resources:

Legal information updated 19 October 2026. Statutory interpretation may depend on subsequent amendments, judicial decisions and the facts of the case. This article is general information and not a substitute for case-specific legal advice.