CrPC Section 405: High Court Order Certification to Lower Court
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.
