Section 395 of the Code of Criminal Procedure deals with cases where the Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation, or of any provision contained therein, the determination whereof is necessary for the disposal of the case, and is of the opinion that the same is invalid or inoperative, although it has not been declared to be so by the Supreme Court or by the High Court to which such Court is subordinate.
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In such cases, the Court must state a case, setting out its opinion and the reasons therefore, and refer the matter for the decision of the High Court.
ADVERTISEMENTS:
A Judge of the Sessions Court or a Metropolitan Magistrate may, if he thinks fit, in any case pending before him, to which the above provisions do not apply, refer for the decision of the High Court, any question of law arising in the hearing of such a case.
When any Court makes a reference to the High Court as above, pending the decision of the High Court, such Court may either commit the accused to jail or release him on bail.
When a question has been referred to the High Court as above, the High Court must pass such order thereon as it thinks fit, and send a copy of such order to the Court by which the reference was made, which must then dispose of the case according to the said order. The High Court may also direct by whom the costs of such reference are to be paid.