Section 442 of BNSS : Section 442: High Court's powers of revision.
BNSS
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Explanation using Example
Example 1:
Scenario: Rajesh was acquitted by a lower court in a theft case. The prosecution believes that the acquittal was due to a legal error and wants to challenge the decision.
Application of Section 442:
- The High Court can review the case if it comes to its knowledge or if the record is called for.
- The High Court can exercise powers similar to those of an appellate court or a Court of Session.
- Rajesh will be given an opportunity to be heard either personally or through his advocate.
- The High Court cannot convert Rajesh's acquittal into a conviction.
- If the prosecution could have appealed the acquittal but did not...
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