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 ...

Login to access all pages and read more content.

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