Section 403 CrPC: Court’s Option to Hear Parties – Code of Criminal Procedure
This section deals with the court’s discretion to hear parties in criminal proceedings.
1. Code:
Section 403 CrPC
2. Explanation:
Section 403 of the Code of Criminal Procedure, 1973 states that:
“When, after the commencement of a trial, any question arises which appears to the Court to be a question of law only, the Court may, if it thinks fit, postpone the further hearing of the case and refer the question for the opinion of the High Court.”
- The section empowers the court to refer a question of law to the High Court.
- This is done to ensure uniformity and consistency in the interpretation of law.
- The court can refer the question if it deems it fit and necessary.
- The reference is made after the commencement of the trial but before the final judgement.
3. Illustration:
Suppose a trial is ongoing, and a question arises about the interpretation of a particular law. The court, after considering the arguments, believes that the question is purely legal and requires clarification from the High Court. In this case, the court can refer the question to the High Court under Section 403 CrPC.
4. Common Questions and Answers:
Q: Who can refer a question under Section 403 CrPC?
A: Only the court presiding over the trial can refer a question under this section.
Q: Can the court be compelled to refer a question under Section 403 CrPC?
A: No, the court has the discretion to refer a question or not.
Q: What happens after the High Court gives its opinion?
A: The court will then proceed with the trial based on the High Court’s opinion.
