Section 405 of CrPC : Section 405: High Court's order to be certified to lower Court.

Explanation using Example

Example 1:

Scenario: A person named Rajesh was convicted by a District Court 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 405:

1. The High Court reviews the case and finds that the evidence was indeed insufficient to support the conviction.
2. The High Court decides to revise the decision and acquits Rajesh.
3. According to Section 405, the High Court certifies its decision to the District Court, which originally passed the sentence.
4. The District Court receives the certified decision from the High Court.
5. The District Court then makes an order conforming to the High Court's decision, which means it officially records Rajesh's acquittal and amends the court records to reflect this change.

Example 2:

Scenario: A Sessions Judge revises a case where a person named Priya was fined by a Magistrate Court for a minor traffic violation. Priya had appealed, arguing that the fine was excessively high.

Application of Section 405:

1. The Sessions Judge reviews the case and agrees that the fine was disproportionately high for the minor traffic violation.
2. The Sessions Judge decides to reduce the fine to a more reasonable amount.
3. As per Section 405, the Sessions Judge certifies this revised decision to the Magistrate Court that originally imposed the fine.
4. The Magistrate Court receives the certified decision from the Sessions Judge.
5. The Magistrate Court then issues an order conforming to the revised decision, which means it officially reduces the fine in accordance with the Sessions Judge's decision and updates the court records accordingly.