Legal World By Shivanshu Katare

  Section 483: Special Powers of High Court or Court of Session Regarding Bail Subsection (1): Powers to Direct Bail Clause (a): High Court or Court of Session can direct the release of an accused on bail. If the offence is as per sub-section (3) of section 480 , the court may impose necessary conditions. Clause (b): High Court or Court of Session can set aside or modify conditions imposed by a Magistrate. Provisions for Notice: First Proviso: Before granting bail for offences triable exclusively by the Court of Session or punishable with life imprisonment, notice must be given to the Public Prosecutor unless impracticable (reasons to be recorded in writing). Second Proviso: For offences under section 65 or sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023 , notice must be given to the Public Prosecutor within 15 days of receiving the bail application. Subsection (2): Presence of Informant The informant or an authorized person must be...

  Both the United States and India have written constitutions that serve as the supreme legal documents for the governance of their respective countries. Although both constitutions share the aim of establishing the framework of government, protecting rights, and maintaining rule of law, they differ in several key areas due to their historical, cultural, and political contexts. 1. Historical Background United States : The U.S. Constitution was adopted in 1787 and came into effect in 1789. It replaced the Articles of Confederation and was designed to create a strong federal government with checks and balances. India : India’s Constitution was adopted in 1950, after gaining independence from British colonial rule. It was drafted by the Constituent Assembly, influenced by the British parliamentary system, but it reflects India’s unique socio-political and cultural context. 2. Length and Detail United States : The U.S. Constitution is a short and concise document, with on...

  436. Reference to High Court When a Court has doubts about the validity of a law If a court believes that a case involves a question about the validity of a law, ordinance, regulation, or a specific provision, and the court thinks that it is invalid or ineffective, but the High Court or Supreme Court hasn't already declared it invalid, the court must refer the case to the High Court. The court must explain its opinion and reasons when making the reference. Explanation : A “Regulation” refers to any regulation defined under the General Clauses Act, 1897. Court of Session can also refer questions of law A Court of Session may, in any case it is handling (that doesn’t fall under section 1), refer any legal question to the High Court for clarification. What the Court can do while waiting for High Court's decision While waiting for the High Court’s decision, the court referring the case can either send the accused to jail or release them on bail. 437. Disposal of C...

    S. No. Point of Difference Reference (BNSS 2023) Revision (BNSS 2023) 1           1. Section Number Section 436: Reference to High Court. Section 438: Calling for records to exercise powers of revision. 2          2. Definition A Reference is when a lower court refers a case involving the validity of a law or provision to the High Court for its opinion and decision. Revision is the process where the High Court or Sessions Judge examines the record of a case to ensure the correctness, legality, or propriety of the finding, sentence, or order. 3          3. Scope Primarily focuses on a question of law regarding the validity of a statute or provision, often before the case can proceed. Involves reviewing the entire case recor...