Reasons to be recorded
Section 412 of the Code of Criminal Procedure, 1973 deals with reasons to be recorded. A Sessions Judge or Magistrate making an order under section 408, section 409, section 410 or section 411 shall record his reasons for making it. 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
A Sessions Judge or Magistrate making an order under section 408, section 409, section 410 or section 411 shall record his reasons for making it.
CHAP
EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
CHAPTER XXXII
EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
A.-Death sentences
Section 412, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 452 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 The repealed enactment still governs what happened while it was in force.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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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: 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
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Anil Kumar Yadav vs Shadab Ahmad
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.
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 412
What have the courts held on Section 412 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: 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. Another 1 judgment on this section is set out below. They run from 2006 to 2017.
How do I find court cases under Section 412 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 412, section 412 CRPC, section 412 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 412 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 408 (Power of Sessions Judge to transfer cases and appeals), section 409 (Withdrawal of cases and appeals by Sessions Judges), section 410 (Withdrawal of cases by Judicial Magistrates), section 411 (Making over or withdrawal of cases by Excutive Magistrates), 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 452 (Reasons to be recorded), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 412 of the Code of Criminal Procedure come into force?
Section 412 of the Code of Criminal Procedure, cited as CRPC 412, 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.