Disposal of case according to decision of High Court
Section 396 of the Code of Criminal Procedure, 1973 deals with disposal of case according to decision of High Court. When a question has been so referred, the High Court shall pass such order thereon as it thinks fit, and shall cause a copy of such order to be sent to the Court by which the reference was made, which shall dispose of the case conformably to the said order. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(1) When a question has been so referred, the High Court shall pass such order thereon as it thinks fit, and shall cause a copy of such order to be sent to the Court by which the reference was made, which shall dispose of the case conformably to the said order.
(2) The High Court may direct by whom the costs of such reference shall be paid.
Section 396, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 437 Disposal of case according to decision of High Court Text carried over almost unchanged 100%
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 The repealed enactment still governs what happened while it was in force.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.
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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Naveen @ Ajay vs The State of Madhya Pradesh
Court's Decision & Legal Precedent
A criminal trial for serious offences including rape and murder cannot be conducted in a hasty manner over 15 days without providing adequate time to the legal aid counsel to prepare the defence. The principle of fair trial, which is a fundamental right under the Constitution, requires that the accused be afforded a real and meaningful opportunity to defend himself through competent counsel with sufficient preparation time. The trial court has a duty to ensure compliance with fair trial principles by granting adequate time to defence counsel, which should normally be a minimum of 7 days but may be more depending on circumstances. Forensic evidence including DNA reports must be properly proved through examination of expert witnesses who prepared the reports, and the accused must be given opportunity to cross-examine such experts. A trial conducted in violation of these principles is void and the conviction and sentence must be set aside with the matter remitted for de novo trial.
On this section: Reference for confirmation of death sentence; High Court was required to confirm death sentence but should have examined procedural compliance
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 396
What have the courts held on Section 396 of the Code of Criminal Procedure?
Naveen @ Ajay vs The State of Madhya Pradesh (19 Oct 2023) is the leading judgment on this section among those set out below: Reference for confirmation of death sentence; High Court was required to confirm death sentence but should have examined procedural compliance.
How do I find court cases under Section 396 of the Code of Criminal Procedure?
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: CRPC 396, section 396 CRPC, section 396 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Naveen @ Ajay vs The State of Madhya Pradesh (19 Oct 2023).
What should I read with Section 396 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 437 (Disposal of case according to decision of High Court), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 396 of the Code of Criminal Procedure come into force?
Section 396 of the Code of Criminal Procedure, cited as CRPC 396, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.