An appeal lies under the Bharatiya Nagarik Suraksha Sanhita, 2023, but a person applies to the High…
Section 442(5) of the BNSS (formerly section 401(5) CrPC) allows the High Court to treat the revision application as a petition of appeal and deal with it accordingly. The…
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An appeal lies under the Bharatiya Nagarik Suraksha Sanhita, 2023, but a person applies to the High Court for revision under an erroneous belief that no appeal lies. The High Court finds conversion necessary in the interests of justice. What specific power does section 442(5) confer?
Answer and explanation
Correct answer C
Section 442(5) of the BNSS (formerly section 401(5) CrPC) allows the High Court to treat the revision application as a petition of appeal and deal with it accordingly. The power applies when the application was made under an erroneous belief that no appeal lay. The court must also consider conversion necessary in the interests of justice.
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