Categories
Procedural Law

Interlocutory or not? Judicial Inconsistency and the Classification Crisis under Section 438(2) BNSS

Barbara Prem Section 438(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), formerly Section 397(2) of the CrPC, bars the revision of interlocutory orders to prevent trial delays. However, inconsistent judicial application of the ‘intermediate order’ doctrine, established in Madhu Limaye v. State of Maharashtra, has created a classification crisis. By miscategorising crucial mid-trial orders […]