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BNSS, 2023
Start Practicing
BNSSChapter XXXIIISection 452
Section452

Reasons to be recorded

AI Assist

Summary

When a Sessions Judge or Magistrate issues one of the specified orders, they must record the reasons for that decision. The reasons go on the case record so the parties and higher courts can see the factual and legal basis. This ensures transparency and helps review on appeal.

Example

Priya says her neighbour damaged her shop and asks the Magistrate for an order to attach the neighbour's goods. The Magistrate issues the order and records in writing why attachment was necessary. Those written reasons stay on the case record and can be used on appeal.

Bare Act

Enacted text

A Sessions Judge or Magistrate making an order under section 448, section 449, section 450 or section 451 shall record his reasons for making it.

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XXXIII

Chapter XXXIII

Transfer of Criminal Cases

In this chapter

  • 446Power of Supreme Court to transfer cases and appeals
  • 447Power of High Court to transfer cases and appeals
  • 448Power of Sessions Judge to transfer cases and appeals
  • 449Withdrawal of cases and appeals by Sessions Judges
  • 450Withdrawal of cases by Judicial Magistrates
  • 451Making over or withdrawal of cases by Executive Magistrates
  • 452Reasons to be recorded
Previous · Section 451Making over or withdrawal of cases by Executive MagistratesNext · Section 453Execution of order passed under section 409