CrPC Section 396
Section 396 of the Criminal Procedure Code (CrPC), 1973 (India):
🔹 Section 396 CrPC – Judgment of High Court to be Certified to Lower Court
Bare Text (Summary):
When a case is referred to a High Court under Section 395 CrPC (i.e., reference regarding the validity or interpretation of any Act, ordinance, or regulation), the High Court’s decision must be certified back to the court which made the reference, and that court shall then dispose of the case in conformity with the High Court’s judgment.
Key Concepts:
This section comes into play when a lower court refers a legal question (usually a constitutional or interpretational issue) to the High Court under Section 395 CrPC.
Once the High Court gives its ruling, that ruling is binding on the referring court.
The High Court must certify its decision back to the referring court.
The referring court must then proceed to decide the original case based on the High Court’s ruling.
Purpose:
To maintain legal consistency and allow lower courts to seek guidance on complex or unsettled legal questions.
To ensure that the final judgment in a trial aligns with higher judicial interpretation.
Example:
Suppose a Sessions Court is hearing a case where the interpretation of a central law is crucial, but there’s doubt about its constitutionality.
The Sessions Court may refer the question to the High Court under Section 395 CrPC.
The High Court reviews the issue and gives a judgment.
Under Section 396, this judgment is sent back ("certified") to the Sessions Court.
The Sessions Court then resumes the case and passes its final judgment in line with the High Court’s decision.
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