High Courts' order to be certified to lower Court
Section 405 of the Code of Criminal Procedure, 1973 deals with high Courts' order to be certified to lower Court. 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 s 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
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.
CHAP
TRANSFER OF CRIMINAL CASES.
CHAPTER XXXI
TRANSFER OF CRIMINAL CASES
Section 405, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 445 High Court's order to be certified to lower Court Text carried over almost unchanged 88%
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 The repealed enactment still governs what happened while it was in force.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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Sri Gummala Satish vs Gummala Chandra Shekar
Court's Decision & Legal Precedent
When a complaint has already been referred to police for investigation under Section 156(3) Cr.P.C. and the police have filed a charge sheet which has been taken on file, a subsequent application seeking to refer the matter again to police for investigation is defective and cannot be entertained. However, a complainant dissatisfied with the police final report retains the remedy of filing a private complaint before the Magistrate.
On this section: High Court's revisional jurisdiction in criminal matters
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Sri. Muniyappa vs The State of Karnataka by K.r.puram
Court's Decision & Legal Precedent
The High Court has the discretionary power under the Criminal Procedure Code to permit conversion of a Criminal Revision Petition into a Criminal Petition when such conversion would provide the petitioner with a more appropriate procedural mechanism to challenge an order and seek justice.
On this section: Basis for filing Criminal Revision Petition to challenge orders of subordinate courts
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… (2) The Subordinate Court shall, in case it is not the Trial Court, forward the copy of the judgment or order and the communication to the Trial Court." Rule 114 and 162 of Criminal Rules of Practice as well as Section 405 of the Code of Criminal Procedure are also relevant in this aspect. After going through the above provisions, it can be seen that for execution of the sentence, the bundle of the file is not necessary in this case. Here is a case where only imprisonment till rising of the court awarded. Even if he was in jail for …
Questions about Section 405
What have the courts held on Section 405 of the Code of Criminal Procedure?
Sri Gummala Satish vs Gummala Chandra Shekar (24 Jan 2012) is the leading judgment on this section among those set out below: High Court's revisional jurisdiction in criminal matters. Another 1 judgment on this section is set out below. They run from 2012 to 2019.
How do I find court cases under Section 405 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 405, section 405 CRPC, section 405 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. 2 reported judgments on this section are set out on this page, beginning with Sri Gummala Satish vs Gummala Chandra Shekar (24 Jan 2012).
What should I read with Section 405 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 388 (Order of High Court on appeal to be certificated to lower Court), so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNSS 445 (High Court's order to be certified to lower Court), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 405 of the Code of Criminal Procedure come into force?
Section 405 of the Code of Criminal Procedure, cited as CRPC 405, 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.