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 High Court nor the Supreme Court has declared it so.
3. The Sessions Court drafts a statement explaining its opinion and the reasons for considering the provision invalid.
4. The Court refers this statement to the High Court for a final decision on the provision's validity.
5. While awaiting the High Court's decision, the Sessions Court decides to commit the accused to jail, considering the seriousness of the charges.

Example 3:

Scenario: A Magistrate Court is handling a case where a local ordinance imposes a curfew in a specific area. The defendant argues that the ordinance is beyond the powers of the local authority and thus invalid.

Application of Section 436:

1. The Magistrate Court finds that the validity of the local ordinance is crucial for resolving the case.
2. The Court believes that the ordinance might be invalid but notes that neither the High Court nor the Supreme Court has declared it so.
3. The Magistrate Court prepares a statement detailing its opinion and reasons for considering the ordinance invalid.
4. The Court refers this statement to the High Court for a final decision on the ordinance's validity.
5. While waiting for the High Court's decision, the Magistrate Court decides to release the defendant on bail.

Example 4:

Scenario: A Sessions Court is hearing a case involving a complex legal question about the interpretation of a central Act. The question does not involve the validity of the Act but requires a legal interpretation that could affect the outcome of the case.

Application of Section 436:

1. The Sessions Court identifies that the legal question is significant for the case's resolution.
2. The Court decides that it would be appropriate to seek the High Court's interpretation of the legal question.
3. The Sessions Court drafts a statement outlining the legal question and the context in which it arises.
4. The Court refers this statement to the High Court for a decision on the legal question.
5. While awaiting the High Court's decision, the Sessions Court decides to release the accused on bail, considering the nature of the case.