Reference under CrPC 1973

The provision related with reference have been dealt under section 395 and 396 of the criminal Procedure Code 1973.

The object behind reference is to remove legal deadlock.

Meaning of reference

The term reference has nowhere been defined in CrPC 1973.

But it may be defined as follow –

Reference is a process by which is subordinate Court obtains advice of the High Court on question of law.

Scope of reference

According to Section 395 reference shall always be made on question of law.

Question of law and its kinds

According to Section 395 question of law may be classified into two classes. –

1. Question of law relating to validity of any Act, Ordinance, Regulation etc
2. Any other question of law.

In a subsequent case reference is optional. But in Pharma case reference is mandatory.

Essential conditions for reference

Following conditions are necessary for reference. –

1. The case must be pending before the subordinate Court.
2. Such case must involves equation of law relating to validity of any act ordinance or regulation.
3. For the disposal of pending case determination of such question of law necessary.
4. The subordinate Court is of opinion that the act in question is invalid or in-operative.
5. Such determination has not been done by the high court or Supreme Court.

Upon fulfilment of the above conditions subordinate Court salary for the case to the concerned High Court.

Procedure after reference (396)

According to Section 396 the subordinate courts dispose of the case in the same manner as provided by the High Court.

Status of accused during pendency of reference

According to Section 395(3) during pendency of reference subordinate Court may commit the accused to jail or release him on bail.