(1) Where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High Court. Explanation.—In this section, “Regulation” means any Regulation as defined in the General Clauses Act, 1897 (10 of 1897), or in the General Clauses Act of a State. (2) A Court of Session may, if it thinks fit in any case pending before it to which the provisions of sub- section (1) do not apply, refer for the decision of the High Court any question of law arising in the hearing of such case. (3) Any Court making a reference to the High Court under sub-section (1) or sub-section (2) may, pending the decision of the High Court thereon, either commit the accused to jail or release him on bail to appear when called upon.
Bharatiya Nagarik Suraksha Sanhita
Section 436
Reference to High Court
⚡ Quick Answer Reference: Section 436 BNSS
- Provision: Section 436 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: REFERENCE AND REVISION
- Jurisdiction: India
- Summary: This section allows a court to refer a case to the High Court if it involves a question about the validity of a law or regulation that hasn't been decided by the High Court or Supreme Court.
What does Section 436 of BNSS say?
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What does Section 436 of BNSS mean?
Plain English Explanation
This section allows a court to refer a case to the High Court if it involves a question about the validity of a law or regulation that hasn't been decided by the High Court or Supreme Court.
Practical Interpretation
In practice, this section enables lower courts to seek guidance from the High Court on legal questions that are crucial for disposing of a case, ensuring consistency and accuracy in judicial decisions.
Core Legal Purpose
The core purpose is to ensure that legal questions of significance are addressed by a higher court, providing clarity and precedent for similar cases, and upholding the rule of law.
- •The case must involve a question about the validity of an Act, Ordinance, or Regulation.
- •The court must be of the opinion that the Act, Ordinance, or Regulation is invalid or inoperative.
- •The High Court or Supreme Court must not have previously declared the Act, Ordinance, or Regulation as invalid or inoperative.
- •The court has the discretion to refer any question of law to the High Court for decision.
Practical Example of Section 436 BNSS
For instance, if Rajesh is accused under a state regulation that Priya, the judge, believes might be unconstitutional because it hasn't been tested in the High Court, she can refer the question of the regulation's validity to the High Court for a decision, which will guide her ruling in Rajesh's case.
Frequently Asked Questions about Section 436 BNSS
Q: What is the punishment or consequence under Section 436 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to courts and their proceedings, not directly to private individuals or public entities, but its effects can be relevant in cases involving them.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences, bail, or cognizability; it pertains to the procedural aspect of referring legal questions to the High Court.
Common Questions about Section 436 BNSS
What is Section 436 of BNSS?
Section 436 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Reference to High Court". In plain terms: This section allows a court to refer a case to the High Court if it involves a question about the validity of a law or regulation that hasn't been decided by the High Court or Supreme Court.
What is the punishment under Section 436 of BNSS?
Section 436 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 436 of BNSS bailable or non-bailable?
Whether Section 436 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 436 of BNSS?
The essential elements of Section 436 of BNSS are: The case must involve a question about the validity of an Act, Ordinance, or Regulation.; The court must be of the opinion that the Act, Ordinance, or Regulation is invalid or inoperative.; The High Court or Supreme Court must not have previously declared the Act, Ordinance, or Regulation as invalid or inoperative..
Landmark Judgments under Section 436 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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