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ApniLaw > Blog > Bare Act > CrPC > CrPC Section 405: High Court Order Certification to Lower Court
CrPC

CrPC Section 405: High Court Order Certification to Lower Court

Apni Law
Last updated: November 25, 2024 8:19 pm
Apni Law
1 year ago
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CrPC Section 405: High Court Order Certification to Lower Court

1. Code

Section 405 of the Code of Criminal Procedure, 1973 (CrPC)

2. Explanation: CrPC Section 405

This section deals with the procedure for certifying the orders of the High Court to the lower courts. It states that when a High Court makes an order in a case that originated in a subordinate court, it must certify that order to the lower court for execution.

3. Illustration: CrPC Section 405

Let’s say the High Court sets aside a conviction made by a Sessions Court. The High Court will issue a certified copy of its order to the Sessions Court, informing them of the decision and instructing them to take further action accordingly.

4. Common Questions and Answers

Q: What is the purpose of Section 405?

A: It ensures that orders made by the High Court are effectively implemented by the subordinate courts.

Q: Does the High Court have to certify every order made to a lower court?

A: No, only orders that require execution by the lower court need to be certified. This usually includes orders like acquittal, conviction, sentencing, or setting aside previous orders.

Q: What happens if a lower court refuses to act on a certified order from the High Court?

A: The lower court can be held in contempt of court. The High Court has the authority to take action against the court or the individuals responsible for the non-compliance.

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TAGGED:CertificationCriminal Procedure CodeCrPC Section 405High Court OrderIndian LawJudicial ProcessLegal Documentslegal proceedingsLower Court
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