Section 452 of BNSS : Section 452: Reasons to be recorded.

BNSS

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Explanation using Example

Example 1:

Scenario: A Sessions Judge decides to transfer a criminal case from one district to another due to concerns about the impartiality of the local jury.

Application of Section 452: The Sessions Judge must document the reasons for this decision. The recorded reasons might include:

  • Evidence of local bias against the defendant.
  • Previous incidents of jury tampering in the district.
  • Requests from the defense or prosecution citing specific concerns about a fair trial.

Example 2:

Scenario: A Magistrate orders the transfer of a case involving a high-profile politician to a different jurisdiction to ensure the safety of witnesses.

Application of Section 452: The Magistrate must provide a written explanation for the transfer. The reasons could include:

  • Threats received by witnesses in the current jurisdiction.
  • Media influence potentially affecting the trial's outcome.
  • Recommendations from law enforcement agencies highlighting security concerns.

Example 3:

Scenario: A...

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