Withdrawal of cases and appeals by Sessions Judges
Section 409 of the Code of Criminal Procedure, 1973 deals with withdrawal of cases and appeals by Sessions Judges. A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to, any Assistant Sessions Judge or Chief Judicial Magistrate subordinate to him. 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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) A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to, any Assistant Sessions Judge or Chief Judicial Magistrate subordinate to him.
(2) At any time before the trial of the case or the hearing of
the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge.
(3) Where a Sessions Judge withdraws or recalls a case or appeal under sub-section (1) or sub-section (2), he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of this Code to another Court for trial or hearing, as the case may be.
Section 409, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 449 Withdrawal of cases and appeals by Sessions Judges Text carried over almost unchanged 99%
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 The repealed enactment still governs what happened while it was in force.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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Indian Music Industry vs State
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: Applies only to cases or appeals pending before Assistant Sessions Judges or Chief Judicial Magistrates, and only before trial or hearing has commenced; does not apply to appeals before Additional Sessions Judges or after hearing has concluded
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Shashikant Pal @ Munnu Pal vs State of U.p.
Court's Decision & Legal Precedent
The High Court, exercising its inherent powers under Sections 482 and 483 Cr.P.C., can direct a trial court to expedite the disposal of a pending trial and conclude it within a specified timeframe when the trial is substantially complete (with only formal witnesses remaining) and there are compelling circumstances affecting the applicant's future, such as a career opportunity, provided the respondent does not oppose such direction.
On this section: Provisions regarding adjournment; trial court directed to consider this section while granting adjournments to prevent further delays
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 409
What have the courts held on Section 409 of the Code of Criminal Procedure?
Indian Music Industry vs State (07 Dec 2006) is the leading judgment on this section among those set out below: Applies only to cases or appeals pending before Assistant Sessions Judges or Chief Judicial Magistrates, and only before trial or hearing has commenced; does not apply to appeals before Additional Sessions Judges or after hearing has concluded. Another 1 judgment on this section is set out below. They run from 2006 to 2020.
How do I find court cases under Section 409 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 409, section 409 CRPC, section 409 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 Indian Music Industry vs State (07 Dec 2006).
What should I read with Section 409 of the Code of Criminal Procedure, and has it changed?
2 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 449 (Withdrawal of cases and appeals by Sessions Judges), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 409 of the Code of Criminal Procedure come into force?
Section 409 of the Code of Criminal Procedure, cited as CRPC 409, 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.