procedureEnglish origin
Stay Order
A court order temporarily halting proceedings or enforcement of a judgment pending appeal or further hearing.
Full Definition
A stay order suspends the operation of a lower court order, judgment, or ongoing proceedings pending appeal. Courts grant stays to preserve the status quo and prevent the appeal from becoming infructuous.
In Indian Law
Order XLI Rule 5 CPC. Section 389 CrPC (Section 430 BNSS) allows appellate courts to stay sentences pending criminal appeal. In Asian Resurfacing of Road Agency v. CBI (2018), the Supreme Court directed that general stays of criminal trials should not be passed.