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Criminal Reference (Section 395 CrPC / Section 436 BNSS)

Jurisdictional & Appellate Practice Terms

Definition

A proceeding where a criminal court, during a trial or inquiry, refers a question regarding the validity of any Act, Ordinance, or Regulation to the High Court if it believes the law is invalid but has not been so declared by the High Court or Supreme Court.

Example

A magistrate doubting the validity of a state police regulation that criminalizes harmless roadside assemblies submits a criminal reference to the High Court to determine its constitutionality.