BNSS · Section 436 · Chapter XXXII — REFERENCE AND REVISION

Reference to High Court.

What this section does

Where a Court is satisfied that a pending case involves a question as to the validity of any Act, Ordinance, or Regulation that is necessary for disposal of the case, and the Court considers such law invalid or inoperative but it has not been so declared by the High Court or Supreme Court, the Court must state a case and refer it to the High Court. A Court of Session may also refer any question of law arising in a pending case to the High Court. Pending the High Court's decision, the referring Court may commit the accused to jail or release them on bail.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors: Court · Court of Session · High Court · Supreme Court · Accused

Old-law correspondence

Derived from CrPC s.395.

Read the official text

For the binding statutory text of BNSS Section 436, refer to the Gazette of India or the India Code official website.

Why this matters

BNSS Section 436 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.