CrPC 395: Section 395 of the Criminal Procedure Code

Reference to High Court

Where any 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 in an
Act, Ordinance or Regulation, the determination of which is necessary for the
disposal of the case, and is of opinion that such Act, Ordinance, Regulation or
provision is invalid or inoperative, but has not been so declared by the High Court to
which that Court is subordinate or by the Supreme Court, the Court shall state a case
setting out its opinion and the reasons therefore, and refer the same for the decision
of the High Court.

Explanation – In this section, “Regulation” means any Regulation as defined in the

General Clauses Act, 1897 (10 of 1897), or in the General Clauses Act of a State.

A Court of Session or a Metropolitan Magistrate may, if it or he thinks fit in any case

pending before it or him to which the provisions of Sub-Section (1) do not apply,
refer for the decision of the High Court any question of law arising in the hearing of
such case.

Any Court making a reference to the High Court under Sub-Section (1) or Sub-
Section (2) may, pending the decision of the High Court thereon, either commit the
accused to jail or release him on bail to appear when called upon.CrPC 396: Section
396 of the Criminal Procedure Code

Disposal of case according to decision of High Court

When a question has been so referred, the High Court shall pass such order thereon
as it thinks fit, and shall cause a copy of such order to be sent to the Court by which
the reference was made, which shall dispose of the case conformably to the said
order.

The High Court may direct by whom the costs of such reference shall be paid.CrPC
265: Section 265 of the Criminal Procedure Code

Language of record and judgment

(1) Every such record and judgment shall be written in the language of the Court.
(2) The High Court may authorise any Magistrate empowered to try offences
summarily to prepare the aforesaid record or judgment or both by means of an
officer appointed in this behalf by the Chief Judicial Magistrate, and the record or
judgment so prepared shall be signed by such Magistrate.

CrPC 395: Section 395 of the Criminal Procedure Code

Reference to High Court

Where any 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 in an
Act, Ordinance or Regulation, the determination of which is necessary for the
disposal of the case, and is of opinion that such Act, Ordinance, Regulation or
provision is invalid or inoperative, but has not been so declared by the High Court to
which that Court is subordinate or by the Supreme Court, the Court shall state a case
setting out its opinion and the reasons therefore, and refer the same for the decision
of the High Court.

Explanation – In this section, “Regulation” means any Regulation as defined in the

General Clauses Act, 1897 (10 of 1897), or in the General Clauses Act of a State.

A Court of Session or a Metropolitan Magistrate may, if it or he thinks fit in any case

pending before it or him to which the provisions of Sub-Section (1) do not apply,
refer for the decision of the High Court any question of law arising in the hearing of
such case.

Any Court making a reference to the High Court under Sub-Section (1) or Sub-
Section (2) may, pending the decision of the High Court thereon, either commit the
accused to jail or release him on bail to appear when called upon.CrPC 397: Section
397 of the Criminal Procedure Code

Calling for records to exercise powers of revision

The High Court or any Sessions Judge may call for and examine the record of any
proceeding before any inferior Criminal Court situate within its or his local
jurisdiction for the purpose of satisfying itself or himself as to the correctness,
legality or propriety of any finding. Sentence or order, recorded or passed, and as to
the regularity of any proceedings of such inferior Court, and may, when calling for
such record, direct that the execution of any sentence or order be suspended, and if
the accused is in confinement, that he be released on bail or on his own bond
pending the examination of the record.
Explanation – All Magistrates, whether Executive or Judicial, and whether
exercising original or appellate jurisdiction, shall be deemed to be inferior to the
Sessions Judge for the purposes of this Sub-Section and of section 398.

The powers of revision conferred by Sub-Section (1) shall not be exercised in relation
to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.

If an application under this section has been made by any person either to the High
Court or to the Sessions Judge, no further application by the same person shall be
entertained by the other of them.CrPC 392: Section 392 of the Criminal Procedure
Code

Procedure where Judges of Court of appeal are equally divided

When an appeal under this Chapter is heard by a High Court before a Bench of
Judges and they are divided in opinion, the appeal, with their opinions, shall be laid
before another Judge of that Court, and that Judge, after such hearing as he thinks
fit, shall deliver his opinion, and the judgment or order shall follow that opinion:

Provided that if one of the Judges constituting the Bench, or, where the appeal is laid
before another Judge under this section, that Judge, so requires, the appeal shall be
re-heard and decided by a larger Bench of Judges.IPC 354D: Section 354D of the
Indian Penal Code

Stalking1

(1) Any man who—

follows a woman and contacts, or attempts to contact such woman to foster personal
interaction repeatedly despite a clear indication of disinterest by such woman; or

monitors the use by a woman of the internet, email or any other form of electronic
communication,commits the offence of stalking;
Provided that such conduct shall not amount to stalking if the man who pursued it
proves that—

it was pursued for the purpose of preventing or detecting crime and the man accused
of stalking had been entrusted with the responsibility of prevention and detection of
crime by the State; or

it was pursued under any law or to comply with any condition or requirement
imposed by any person under any law; or

in the particular circumstances such conduct was reasonable and justified.

(2) Whoever commits the offence of stalking shall be punished on first conviction
with imprisonment of either description for a term which may extend to three years,
and shall also be liable to fine; and be punished on a second or subsequent
conviction, with imprisonment of either description for a term which may extend to
five years, and shall also be liable to fine.Section 332 in The Indian Penal Code

332. Voluntarily causing hurt to deter public servant from his duty.—Whoever
voluntarily causes hurt to any person being a public servant in the discharge of his
duty as such public serv-ant, or with intent to prevent or deter that person or any
other public servant from discharging his duty as such public servant, or in
consequence of anything done or attempted to be done by that person in the lawful
discharge of his duty as such public servant, shall be punished with imprisonment of
either descrip-tion for a term which may extend to three years, or with fine, or with
both.

Offence,Punishment,Cognizance,Bail,SECTION 327 IPC - Indian Penal Code -

Voluntarily causing hurt to extort property, or to constrain to an illegal to an act
Description

Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer, or
from any person interested in the sufferer, any property or valuable security, or of
constraining the sufferer or any person interested in such sufferer to do anything
which is illegal or which may facilitate the commission of an offence, shall be
punished with imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine.

Offence Punishment Cognizance Bail Triable

Voluntarily causing hurt to extort property or a valuable security, or to constrain to

do anything which is illegal or which may facilitate the commission of an offence
10 Years + Fine Cognizable Non-Bailable Magistrate First Class

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FAQ's on IPC Section 327

What offence is defined under IPC 327?

Voluntarily causing hurt to extort property or a valuable security, or to constrain to

do anything which is illegal or which may facilitate the commission of an offence.

What is the punishment for IPC 327 Case?

The punishment for IPC 327 is 10 Years + Fine.

Is IPC 327 cognizable offence or non-cognizable offence?

IPC 327 is a Cognizable.

How to file/defend your case for IPC 327 offence?

Use LawRato for filing/defending your case under IPC 327 with the help of best
criminal lawyers near you.

Is IPC 327 bailable or non-bailable offence?

IPC 327 is a Non-Bailable offence.

In what court can IPC 327 be tried?

IPC 327 is tried in the court of Magistrate First Class.

(1)Subject to the provisions of this section, 1 [His Majesty may by orderin

Council]--

(a)create a new Province;

(b)increase the area of any Province;

(c) diminish thearea of any Province;

(d) alter theboundaries of any Province;

Providedthat, 2 [before the draft of any such Order is laid before Parlia-
ment, the Secretary of State shall take such steps as His Majesty may
direct forascertaining the views of the Federal Government and the
Chambers of the FederalLegislature and the views of the Government
and the Chamber or Chambers of theLegislature] of any Province which
 will be affected by the Order, both withrespect to the proposal to make
the Order and with respect to the provisions tobe inserted therein.
3 [(2)An order made under this section may contain such provisions for
varying therepresentation in the Federal Legislature of any Governor's
Province theboundaries of which are altered by the Order and for varying the
composition ofthe Legislature of any such Province, such provisions with
respect toapportionments and adjustments of and in respect of assets and
liabilities, andsuch other supplemental, incidental and consequential
provisions as His Majestymay deem necessary or proper:

Providedthat no such Order shall vary the total membership of either

Chamber of theFederal Legislature.]

(3)In this section the expression "Province" means either a

Governor'sProvince or a Chief Commissioner's Province.

________________________

1.1-4-1936,the Government of India (Constitution of Sind) Order, 1936[3-3-

19361and the Government of India (Constitution of Orissa) Order, 1936[3-3-
1936],paras 4, Gazette of India, 1936, Pt. I pp. 364 and 349 respectively.
Substituted,by the India (Provisional Constitution) Order, 1947, by the
words--''theGovernor-General may by Order".
2.Substituted, by the words--

''the Governor-General may by Order.--

"before making any such Order the Governor-General shall ascertain
the views of the Government".
3.Substituted, by the words--

''the Governor-General may by Order., as follows--

"(2)An Order made under thissub-section may contain such provisions
asthe Governor-General may deem necessary or proper--
(a) for varying the representation in theDominion Legislature of any
Governor's Province the boundaries of which arealtered by the
Order)
(b) for varying the composition of the Legislature of any such
Province;
(c) where a new Governor's Province is created, for constituting
theLegis lature thereof;

(d) for apportionments and adjustments of andin respect of assets

and liabilities; and
(e) for other supplemental, incidental and consequential matters".