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Section 404 — Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court
404
404
Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court
Code of Criminal Procedure, 1973
Chapter XXX Reference and Revision
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsCourt ProcedureHigh CourtMagistrateReview
🗣️ Simple Explanation
What does this law say?
Section 404 of the CrPC says that when the High Court reviews a case from a Metropolitan Magistrate, the Magistrate can explain why they made their decision. The High Court must consider this explanation before changing the decision.
Why does this law exist?
This law ensures fairness and transparency. It allows the High Court to understand the Magistrate's reasoning. It helps the High Court make informed decisions.
Real-life impact
If the High Court reviews a case, the Magistrate can explain their reasons. The High Court must consider this explanation. This helps ensure a fair review process.
What happens if you break this law?
This section itself doesn't define a crime. It deals with court procedure. It doesn't have a specific punishment.
💡 Real Life Example
Amit was convicted by a Metropolitan Magistrate. The High Court reviews the case. The Magistrate explains the reasons for the conviction. The High Court must consider this explanation.
Sneha's case is reviewed by the High Court. The Metropolitan Magistrate provides a statement explaining the decision. The High Court must consider the statement before changing the order.
🛡️ KNOW YOUR RIGHTS
- •Know that the Magistrate can explain their decision to the High Court.
- •Understand that the High Court must consider the Magistrate's explanation.
- •Be aware that this process ensures a fair review.
- •If you are involved, understand the process of review.
❓ FREQUENTLY ASKED QUESTIONS
Section 404 of the CrPC explains the process when the High Court reviews a case from a Metropolitan Magistrate. The Magistrate can explain their decision. The High Court must consider this explanation before changing the decision. This ensures fairness and transparency in the review process. It is about court procedure.
Section 404 itself doesn't have a punishment. It is about court procedure. The punishment depends on the original case. The High Court's review doesn't change the potential punishment. This section is about the process of review.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Code of Criminal Procedure, 1973
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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