Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 446: High Court's Order to Be Certified to Lower Court
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. 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.
Brief Detail
Section 446 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the process for certifying decisions made by the High Court or a Sessions Judge when revising a case. Key points include:
- The High Court or Sessions Judge must certify its decision to the original Court that recorded the finding, sentence, or order.
- The certified Court is required to make orders that conform to the certified decision.
- If necessary, the original record should be amended to align with the new decision.
Question & Answers
Q1: What must the High Court or Sessions Judge do after revising a case?
A1: They must certify their decision or order to the Court that originally recorded the finding, sentence, or order.
Q2: What is the role of the Court receiving the certified decision?
A2: The receiving Court must make orders that conform to the certified decision.
Q3: Is there a requirement to amend the record?
A3: Yes, if necessary, the record shall be amended in accordance with the certified decision.
Q4: Which section outlines the manner in which the decision should be certified?
A4: Section 429 provides the manner for certifying the decision.
Example
- Scenario 1: If a Sessions Judge revises a sentence, they must certify this revised sentence to the original trial Court. The trial Court will then adjust its records to reflect the new sentence.
- Scenario 2: After the High Court revises a finding, it certifies the decision to the lower Court, which is then obligated to follow the High Court's direction in its future proceedings.
- Scenario 3: If the High Court's decision necessitates changes to the original findings, the lower Court will amend the record accordingly to ensure consistency with the revised decision.
Summary
Section 446 of the Bharatiya Nagarik Suraksha Sanhita, 2023 establishes the requirement for the High Court or a Sessions Judge to certify their revised decisions to the original Court. This process ensures that the lower Court conforms to the certified decision and makes necessary amendments to the records, maintaining coherence in judicial proceedings.
