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Criminal Procedure Code QUESTION #9514
Question 1
A civil Court hears a suit involving a question of general public importance regarding the interpretation of a statutory provision. The Court is in doubt as to the correct interpretation. Can the trial Court refer the question to the High Court?
  • Yes; under Section 113 CPC, before pronouncing judgment, any Court may state a case and refer it to the High Court for its opinion on a question of law arising in the case, if it is satisfied that the question is one of law which involves public importance✔️
  • No; trial Courts cannot make references; only appellate Courts can
  • Yes; but only if both parties consent to the reference
  • No; the trial Court should decide the question itself and let it be tested in appeal
Correct Answer Explanation
Section 113 CPC provides that any Court may, of its own motion or on an application, state a case and refer it to the High Court for opinion on a question of law, particularly one of general public importance. The reference is made before pronouncing judgment, and the High Court's opinion is binding on the referring Court.