Section 445 BNSS: High Court's order to be certified to lower Court (Formerly Section 405 CrPC)

Section 445 of Bharatiya Nagarik Suraksha Sanhita, 2023: High Court's order to be certified to lower Court

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

When a case is revised under this Chapter by the High Court or a Sessions Judge, it or he shall, in the manner provided by section 429, certify its decision or order to the Court by which the finding, sentence or order revised was recorded or passed, and the Court to which the decision or order is so certified shall thereupon make such orders as are conformable to the decision so certified, and, if necessary, the record shall be amended in accordance therewith.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 445

Section 445 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 405 of the CrPC, 1973) requires the High Court or Sessions Judge, upon deciding a revision, to certify its decision to the lower court for necessary amendment of record and execution.

Certification of Revisional Order: When a case is revised under Chapter XXXI by the High Court or Sessions Judge, it shall certify its decision or order to the Court by which the finding, sentence, or order revised was recorded.
Conformable Execution: The Court to which the decision is certified shall thereupon make such orders as are conformable to the decision, and amend its record accordingly.
Ministerial Duty: The trial magistrate has no discretion to reconsider or delay the implementation of the certified revisional mandate.

Key Landmark Precedents:

Pranab Kumar Mitra v. State of W.B., AIR 1959 SC 144: The Supreme Court noted that certified transmission under revisional provisions ensures seamless judicial communication between supervisory and subordinate courts.
State of U.P. v. Poosu, (1976) 3 SCC 1: Reaffirmed that subordinate courts must execute certified superior court orders without entertaining collateral disputes.

Courtroom Practice & Strategic Litigation Guidance:

Once a revision petition succeeds (e.g., quashing charges or setting aside an illegal summoning order), obtain a certified copy of the operative revisional order and submit it to the trial court to close the file.