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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