A Sessions Judge or Magistrate making an order under section 448, section 449, section 450 or section 451 shall record his reasons for making it.
Bharatiya Nagarik Suraksha Sanhita
Section 452
Reasons to be recorded
Englishहिंदी
⚡ Quick Answer Reference: Section 452 BNSS
- Provision: Section 452 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: TRANSFER OF CRIMINAL CASES
- Jurisdiction: India
- Summary: A Sessions Judge or Magistrate must record their reasons for making an order under certain sections.
Statutory Content
What does Section 452 of BNSS say?
Indian StandardSection 452, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 452 (India)
Court Pleading StandardSection 452 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/452
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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).
AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.
Section Meaning & Purpose
What does Section 452 of BNSS mean?
Plain English Explanation
A Sessions Judge or Magistrate must record their reasons for making an order under certain sections.
Practical Interpretation
This section ensures transparency and accountability in the decision-making process of Sessions Judges and Magistrates by requiring them to document their reasoning.
Core Legal Purpose
The purpose of this section is to promote fairness and justify the orders made by Sessions Judges and Magistrates under specific provisions of the act.
Key Legal Elements
- •The order must be made under section 448, section 449, section 450, or section 451.
- •The Sessions Judge or Magistrate must record their reasons for making the order.
- •The key legal test is whether the order is made under one of the specified sections.
- •There is no explicit exception or limitation stated in this section.
Practical Example
Practical Example of Section 452 BNSS
For instance, if Sessions Judge Rajesh makes an order under section 448, he must record his reasons for doing so. This ensures that if the order is later challenged, the reasoning behind it can be reviewed and assessed. This promotes transparency and accountability in the judicial process.
Common Questions (FAQ)
Frequently Asked Questions about Section 452 BNSS
Q: What is the punishment or consequence under Section 452 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 Sessions Judges and Magistrates, who are public entities, in the context of making orders under specific sections of the act.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences, it is a procedural provision related to the recording of reasons for making certain orders.
People Also Ask (PAA)
Common Questions about Section 452 BNSS
What is Section 452 of BNSS?
Section 452 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Reasons to be recorded". In plain terms: A Sessions Judge or Magistrate must record their reasons for making an order under certain sections.
What is the punishment under Section 452 of BNSS?
Section 452 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 452 of BNSS bailable or non-bailable?
Whether Section 452 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 452 of BNSS?
The essential elements of Section 452 of BNSS are: The order must be made under section 448, section 449, section 450, or section 451.; The Sessions Judge or Magistrate must record their reasons for making the order.; The key legal test is whether the order is made under one of the specified sections..
Landmark Case Laws
Landmark Judgments under Section 452 BNSS
Patnahcucisdb94 High Court (10 8)
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