HomeSectionsSection 395: Reference to...

Section 395: Reference to High Court

(1) Where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is Subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High Court.

Explanation.— In this section, “Regulation” means any Regulation as defined in the General Clauses Act, 1897 (10 of 1897), or in the General Clauses Act of a State.

(2) A Court of Session or a Metropolitan Magistrate may, if it or he thinks fit in any case pending before it or him to which the provisions of sub-section (1) do not apply, refer for the decision of the High Court any question of law arising in the hearing of such case.

(3) Any Court making a reference to the High Court under sub-section (1) or sub-section (2) may, pending the decision of the High Court thereon, either commit the accused to jail or release him on bail to appear when called upon.

- A word from our sponsors -

Most Popular

LEAVE A REPLY

Please enter your comment!
Please enter your name here

More from Author

Nature, Scope and Object of CrPC

Nature of CrPC The Code of Criminal Procedure (CrPC) is a procedural...

Functionaries under the CrPC

The Code of Criminal Procedure (CrPC) provides for the roles and...

Constitution of Criminal Courts and Offices

The Constitution of India has provided for a hierarchical system of...

Power of Courts

The Code of Criminal Procedure (CrPC) provides for a range of...

- A word from our sponsors -

Read Now

Nature, Scope and Object of CrPC

Nature of CrPC The Code of Criminal Procedure (CrPC) is a procedural law that outlines the process for the investigation and trial of criminal offenses in India. It is a comprehensive legislation that covers all aspects of criminal proceedings from the point of registration of a criminal case till...

Functionaries under the CrPC

The Code of Criminal Procedure (CrPC) provides for the roles and responsibilities of several functionaries in the criminal justice system. Main functionaries under the CrPC Police: The police are responsible for investigating criminal cases, collecting evidence, and arresting accused persons. They also have the power to file chargesheets...

Constitution of Criminal Courts and Offices

The Constitution of India has provided for a hierarchical system of criminal courts, with the Supreme Court at the top and the lower courts at the bottom. Criminal Courts Established under the Constitution are as follows: Supreme Court of India: The Supreme Court of India is the highest...

Power of Courts

The Code of Criminal Procedure (CrPC) provides for a range of powers that are vested in the courts in criminal cases. Powers of the Courts under the CrPC Power to take cognizance: The courts have the power to take cognizance of criminal offences and to initiate criminal proceedings...

Powers of Superior Officer of Police

Under the Code of Criminal Procedure (CrPC), the Superior Officer of Police (usually a Superintendent of Police or above) has certain powers related to the investigation of criminal cases. Powers of the Superior Officer of Police Power to supervise investigation: The Superior Officer of Police has the power...

Meaning and Purpose of Arrest

Meaning of Arrest Arrest is the process of taking a person into custody, with the intention of bringing them before a court to face criminal charges. The Code of Criminal Procedure (CrPC) in India lays down the procedure for the arrest of an individual suspected of having committed...

Arrest With and Without Warrant

Arrest under the Code of Criminal Procedure (CrPC) in India can be made with or without a warrant, depending on the circumstances of the case. Arrest with Warrant Arrest with a warrant is made on the basis of a written order issued by a magistrate or a court. The...

Arrest by a Private Person

Under the Code of Criminal Procedure (CrPC), private persons are allowed to make arrests under certain circumstances. However, the power to arrest by a private person is limited and must be exercised within the bounds of the law. Circumstances where a Private Person may make an Arrest When the...