Reasons to be recorded
Section 452 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with reasons to be recorded. A Sessions Judge or Magistrate making an order under section 448, section 449, section 450 or section 451 shall record his reasons for making it. The Act came into force on 01 Jul 2024.
A Sessions Judge or Magistrate making an order under section 448, section 449, section 450 or section 451 shall record his reasons for making it.
Section 452, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 412 Reasons to be recorded Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Anil Kumar Yadav vs Shadab Ahmad
Decided under Code of Criminal Procedure 412, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A Chief Judicial Magistrate Has Statutory Authority Under Section 410 CrPC To Transfer A Criminal Case From One Subordinate Court To Another Without Prior Notice To The Accused, Provided That The CJM Records Reasons For The Transfer Order As Required By Section 412 CrPC. The High Court Will Not Interfere With Such Transfer Orders Under Section 482 CrPC If The CJM Has Acted Within Statutory Authority And Passed A Speaking Order.
On this section: Mandates That A Sessions Judge Or Magistrate Making An Order Under Sections 408, 409, 410, Or 411 Shall Record Reasons For Making It. The Court Applied This Section To Require That The CJM's Transfer Order Must Be A Speaking Order With Recorded Reasons.
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Indian Music Industry vs State
Decided under Code of Criminal Procedure 412, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A transfer application under Section 408 of the Criminal Procedure Code, 1973, must be supported by an affidavit as mandated by Section 408(3) read with Section 407(3), and non-compliance with this mandatory requirement is fatal and renders the application not entertainable. Additionally, when a Sessions Judge exercises powers under Section 408 to transfer a case, he must record explicit reasons for such transfer as required by Section 412 of the CrPC, and mere reference to or reliance upon previous orders without independent reasoning does not satisfy this requirement.
On this section: Mandates that a Sessions Judge or Magistrate making an order under Sections 408, 409, 410, or 411 shall record reasons for making such order; mere reference to other orders does not constitute recording of reasons
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 452
What have the courts held on Section 452 of the Bharatiya Nagarik Suraksha Sanhita?
Anil Kumar Yadav vs Shadab Ahmad (06 Apr 2017) is the leading judgment on this section among those set out below, though it was decided under CRPC 412, which this section replaced -- the court never mentioned this Act: Mandates That A Sessions Judge Or Magistrate Making An Order Under Sections 408, 409, 410, Or 411 Shall Record Reasons For Making It. The Court Applied This Section To Require That The CJM's Transfer Order Must Be A Speaking Order With Recorded Reasons. Another 1 judgment on this section is set out below. They run from 2006 to 2017.
How do I find court cases under Section 452 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 452, section 452 BNSS, section 452 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 452 section. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Anil Kumar Yadav vs Shadab Ahmad (06 Apr 2017).
What should I read with Section 452 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 448 (Power of Sessions Judge to transfer cases and appeals), section 449 (Withdrawal of cases and appeals by Sessions Judges), section 450 (Withdrawal of cases by Judicial Magistrates), section 451 (Making over or withdrawal of cases by Executive Magistrates), so none of them can safely be read on its own. It carries forward CrPC 412 (Reasons to be recorded), so the judgments decided under that provision are the case law on this one.
When did Section 452 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 452 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 452, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.