Section 436 of BNSS : Section 436: Reference to High Court.

Explanation using Example

Example 1:

Scenario: A District Court is hearing a case where a new state regulation imposes a ban on a certain type of business activity. The business owner argues that the regulation is unconstitutional and violates their right to trade and commerce under the Indian Constitution.

Application of Section 436:

1. The District Court examines the case and finds that the validity of the state regulation is crucial for deciding the case.
2. The Court believes that the regulation might be invalid but notes that neither the High Court nor the Supreme Court has declared it so.
3. The District Court then prepares a detailed statement outlining its opinion and reasons for considering the regulation invalid.
4. The Court refers this statement to the High Court for a final decision on the validity of the regulation.
5. While waiting for the High Court's decision, the District Court decides to release the business owner on bail.

Example 2:

Scenario: A Sessions Court is dealing with a criminal case where the accused claims that a particular provision of a central Act under which they are being prosecuted is unconstitutional.

Application of Section 436:

1. The Sessions Court reviews the case and determines that the question of the provision's validity is essential for the case's outcome.
2. The Court believes that the provision might be invalid but notes that neither the Hi...

Login to access all pages and read more content.

To disable ads and read rest of the premium content, subscribe to KanoonGPT Pro.