Statement by Metropolitan Magistrate of ground of his decision to beconsidered by High Court
Section 404 of the Code of Criminal Procedure, 1973 deals with statement by Metropolitan Magistrate of ground of his decision to beconsidered by High Court. Statement by Metropolitan Magistrate of ground of his decision to be considered by High Court. 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
Statement by Metropolitan Magistrate of ground of his decision to be considered by High Court. 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 the Court shall consider such statement before overruling or setting aside the said decision or order.
Section 404, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
No provision of the Bharatiya Nagarik Suraksha Sanhita is textually close to this one. No close match found
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 The repealed enactment still governs what happened while it was in force.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.
This section refers to
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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Mayank Agrawal vs State of U.p.
Court's Decision & Legal Precedent
When a complaint alleges theft of movable property but the alleged property was never in the possession of the complainant at the time of the alleged taking, the essential ingredient of theft under Section 378 IPC is absent, and the allegations do not prima facie constitute any offence. Therefore, the High Court can exercise its inherent powers under Section 482 CrPC to quash such proceedings as an abuse of the process of court. Additionally, when a complaint is manifestly attended with mala fide and appears to have been instituted with an ulterior motive for wreaking vengeance due to private and personal grudge, the High Court should quash the proceedings in the interest of justice.
On this section: Summoning of accused - the Magistrate issued process under this section summoning the applicants to face trial
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 404
What have the courts held on Section 404 of the Code of Criminal Procedure?
Mayank Agrawal vs State of U.p. (02 Dec 2021) is the leading judgment on this section among those set out below: Summoning of accused - the Magistrate issued process under this section summoning the applicants to face trial.
How do I find court cases under Section 404 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 404, section 404 CRPC, section 404 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 Mayank Agrawal vs State of U.p. (02 Dec 2021).
What should I read with Section 404 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 397 (Calling for records to exercise powers of revision), so none of them can safely be read on its own.
When did Section 404 of the Code of Criminal Procedure come into force?
Section 404 of the Code of Criminal Procedure, cited as CRPC 404, 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.