Section 452 – Bharatiya Nagarik Suraksha Sanhita (BNSS) – Reasons To Be Recorded.

Code: Section 452 BNSS

A Sessions Judge or Magistrate making an order under section 448, section 449, section 450, or section 451 shall record his reasons for making it.

Explanation of Section 452

Section 452 requires that a Sessions Judge or Magistrate who issues an order under the mentioned sections must provide a written explanation for their decision. This ensures that the reasoning behind decisions is transparent and justifiable.

The sections referenced (448, 449, 450, and 451) allow for withdrawing, transferring, or recalling cases. This provision ensures that judges’ decisions are based on careful consideration and can be scrutinized if needed.

Key Points:

1. When to Record Reasons:
   A Sessions Judge or Magistrate must document the reasons for their decisions when acting under:
   • Section 448: Regarding the transfer of cases or appeals.
   • Section 449: Relating to the withdrawal of cases by Sessions Judges.
   • Section 450: Concerning the recall of cases by Judicial Magistrates.
   • Section 451: Handling certain cases or appeals.
2. Why It’s Important:
   Requiring reasons to be recorded ensures that decisions are transparent and made based on solid reasoning. This practice enhances accountability and allows the public to understand the basis for judicial decisions.

Illustrations

Example 1: Withdrawal of a Case

A Sessions Judge decides to withdraw a case from a subordinate Magistrate under Section 449 and handle it personally. The Sessions Judge must explain why this decision was made, for example, because the case is complex and needs higher judicial oversight.

Example 2: Referring a Case for Higher Review

A Chief Judicial Magistrate recalls a case from a subordinate Magistrate under Section 450. The Chief Judicial Magistrate must explain the reasons for this action, such as the importance of reviewing the case at a higher level for legal clarity or significance.

Common Questions and Answers

1. Why must a judge record reasons for their decisions?

• Answer: Recording reasons promotes transparency and ensures decisions are made based on sound reasoning. It also helps in cases where decisions need to be reviewed or appealed.

2. Which sections require judges to record their reasons?

• Answer: Judges must record their reasons for decisions made under Section 448, Section 449, Section 450, and Section 451, which relate to withdrawing, transferring, or recalling cases and appeals.

Conclusion

Section 452 ensures that the judicial decision-making process remains transparent, accountable, and justified. By requiring judges to document their reasoning, it allows for a more understandable and trustworthy legal system.