CrPC Section 405: High Court Order Certification to Lower Court

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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

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

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.

Also Read  CrPC Section 313: Power to Examine Accused in India
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