Section 445 of BNSS : Section 445: High Court's order to be certified to lower Court.

Explanation using Example

Example 1:

Scenario: A person named Rajesh was convicted by a lower court in Mumbai for theft and sentenced to two years in prison. Rajesh believes that the conviction was based on insufficient evidence and decides to appeal to the High Court.

Application of Section 445:

1. The High Court reviews the case and finds that the lower court made an error in its judgment.
2. The High Court decides to revise the sentence and acquits Rajesh of all charges.
3. According to Section 445, the High Court certifies its decision and sends it to the lower court in Mumbai.
4. The lower court receives the certified decision and updates its records to reflect Rajesh's acquittal.
5. The lower court then issues an order to release Rajesh from prison immediately, conforming to the High Court's decision.

Example 2:

Scenario: A Sessions Judge in Delhi reviews a case where a person named Priya was fined ₹50,000 by a lower court for a traffic violation. Priya argues that the fine is excessively high and appeals to the Sessions Judge.

Application of Section 445:

1. The Sessions Judge examines the case and concludes that the fine imposed by the lower court was indeed excessive.
2. The Sessions Judge decides to reduce the fine to ₹10,000.
3. As per Section 445, the Sessions Judge certifies this revised decision and sends it to the lower court in Delhi.
4. The lower court receives the certified decision and updates its records to reflect the reduced fine.
5. The lower court then issues an order to Priya, informing her of the revised fine amount and ensuring that any excess amount already paid is refunded to her.

Example 3:

Scenario: A lower court in Chennai sentences a person named Anil to community service for six months for vandalism. Anil appeals to the High Court, arguing that the sentence is too harsh given the minor nature of the offense.

Application of Section 445:

1. The High Court reviews the case and agrees with Anil, deciding to reduce the community service to three months.
2. The High Court certifies its decision and sends it to the lower court in Chennai.
3. The lower court receives the certified decision and updates its records to reflect the reduced community service period.
4. The lower court then issues an order to Anil, informing him of the revised community service duration and ensuring that the new order is enforced accordingly.

Example 4:

Scenario: A lower court in Kolkata imposes a ban on a local business owned by Suman for violating health regulations. Suman appeals to the Sessions Judge, claiming that the ban is unjustified and too severe.

Application of Section 445:

1. The Sessions Judge reviews the case and finds that the lower court's decision was overly harsh.
2. The Sessions Judge decides to lift the ban but imposes a fine instead.
3. The Sessions Judge certifies this decision and sends it to the lower court in Kolkata.
4. The lower court receives the certified decision and updates its records to reflect the lifting of the ban and the imposition of the fine.
5. The lower court then issues an order to Suman, informing her of the new penalty and ensuring that the business can resume operations.

Example 5:

Scenario: A lower court in Bangalore sentences a person named Ravi to probation for one year for a minor drug offense. Ravi appeals to the High Court, arguing that the probation period is too long.

Application of Section 445:

1. The High Court reviews the case and agrees with Ravi, deciding to reduce the probation period to six months.
2. The High Court certifies its decision and sends it to the lower court in Bangalore.
3. The lower court receives the certified decision and updates its records to reflect the reduced probation period.
4. The lower court then issues an order to Ravi, informing him of the revised probation period and ensuring that the new order is enforced accordingly.