CrPC Section 395
Section 395 of the Criminal Procedure Code (CrPC), India:
⚖️ Section 395 CrPC — Reference to High Court
🔹 Purpose:
Section 395 provides the procedure by which a criminal court can refer a legal question to the High Court when the case involves a substantial question of constitutional law.
🔍 Key Provisions:
Substantial Question of Law (Constitutional):
If a Court, during a trial or proceeding, believes that the case involves a serious constitutional issue, it can refer the question to the High Court for its opinion.
Which Courts can make a reference?
Any Court, other than a High Court, empowered to try or hear appeals, may make this reference.
Procedure after reference:
The proceedings are stayed until the High Court gives its decision on the legal question.
Once the High Court answers the reference, the trial resumes based on the High Court’s ruling.
Examples of constitutional questions include:
Interpretation of fundamental rights,
Validity of a central or state law,
Conflicts between different laws.
📘 Example:
If a Sessions Court is hearing a criminal case and a question arises about whether a provision of the Indian Penal Code violates the Constitution, the court may refer this legal question to the High Court under Section 395 CrPC.
🧾 Summary:
Section 395 CrPC allows lower courts to refer constitutional questions to the High Court.
It ensures that complex or fundamental legal issues are interpreted by higher judiciary.
The trial pauses until the High Court provides a ruling on the legal issue.
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