SECTION 438 BNSS – Calling for records to exercise powers of revision

(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety…

Continue ReadingSECTION 438 BNSS – Calling for records to exercise powers of revision

SECTION 437 BNSS – Disposal of case according to decision of High Court

(1) When a question has been so referred, the High Court shall pass such order thereon as it thinks fit, and shall cause a copy of such order to be sent to the Court by which the reference was made, which shall dispose of the…

Continue ReadingSECTION 437 BNSS – Disposal of case according to decision of High Court

SECTION 434 BNSS – Finality of judgments and orders on appeal

Judgments and orders passed by an Appellate Court upon an appeal shall be final, except in the cases provided for in section 418, section 419, sub-section (4) of section 425 or Chapter XXXII: Provided that notwithstanding the final disposal of an appeal against conviction in…

Continue ReadingSECTION 434 BNSS – Finality of judgments and orders on appeal

SECTION 433 BNSS – Procedure where Judges of Court of appeal are equally divided

When an appeal under this Chapter is heard by a High Court before a Bench of Judges and they are divided in opinion, the appeal, with their opinions, shall be laid before another Judge of that Court, and that Judge, after such hearing as he…

Continue ReadingSECTION 433 BNSS – Procedure where Judges of Court of appeal are equally divided

SECTION 432 BNSS – Appellate Court may take further evidence or direct it to be taken

(1) In dealing with any appeal under this Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons and may either take such evidence itself, or direct it to be taken by a Magistrate or, when the Appellate Court…

Continue ReadingSECTION 432 BNSS – Appellate Court may take further evidence or direct it to be taken