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 429, 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.
Bharatiya Nagarik Suraksha Sanhita
Section 445
High Court's order to be certified to lower Court
Englishहिंदी
⚡ Quick Answer Reference: Section 445 BNSS
- Provision: Section 445 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: REFERENCE AND REVISION
- Jurisdiction: India
- Summary: When a High Court or Sessions Judge revises a case, they must send their decision to the lower court that made the original finding, sentence, or order. The lower court then makes new orders that match the High Court's decision, and if needed, they update the case record.
Statutory Content
What does Section 445 of BNSS say?
Indian StandardSection 445, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 445 (India)
Court Pleading StandardSection 445 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/445
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 445 of BNSS mean?
Plain English Explanation
When a High Court or Sessions Judge revises a case, they must send their decision to the lower court that made the original finding, sentence, or order. The lower court then makes new orders that match the High Court's decision, and if needed, they update the case record.
Practical Interpretation
This section is crucial in the Indian judicial system as it ensures that the decisions of higher courts are implemented by lower courts. It streamlines the process of revising cases and prevents confusion or delays in the legal process.
Core Legal Purpose
The core purpose of Section 445 is to facilitate the implementation of High Court decisions in lower courts, ensuring consistency and efficiency in the judicial process.
Key Legal Elements
- •A case is revised under Chapter 44 by the High Court or a Sessions Judge.
- •The High Court or Sessions Judge must certify their decision or order to the lower court.
- •The lower court must make new orders that conform to the High Court's decision.
- •The record of the case may be amended if necessary to reflect the High Court's decision.
Practical Example
Practical Example of Section 445 BNSS
Rajesh, a Sessions Judge, revises a case that was originally heard by the Court of Priya, a Magistrate. Rajesh sends his decision to Priya's court, which then updates its orders to match Rajesh's decision. If necessary, the record of the case is also amended to reflect the changes.
Common Questions (FAQ)
Frequently Asked Questions about Section 445 BNSS
Q: What is the punishment or consequence under Section 445 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 both private individuals and public entities, as it deals with the implementation of High Court decisions in lower courts.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not deal with criminal offenses, so it is neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 445 BNSS
What is Section 445 of BNSS?
Section 445 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "High Court's order to be certified to lower Court". In plain terms: When a High Court or Sessions Judge revises a case, they must send their decision to the lower court that made the original finding, sentence, or order. The lower court then makes new orders that match the High Court's decision, and if needed, they update the case record.
What is the punishment under Section 445 of BNSS?
Section 445 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 445 of BNSS bailable or non-bailable?
Whether Section 445 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 445 of BNSS?
The essential elements of Section 445 of BNSS are: A case is revised under Chapter 44 by the High Court or a Sessions Judge.; The High Court or Sessions Judge must certify their decision or order to the lower court.; The lower court must make new orders that conform to the High Court's decision..
Landmark Case Laws
Landmark Judgments under Section 445 BNSS
Patnahcucisdb94 High Court (10 8)
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