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REVISION

REVISION 

Section 397 provides for calling for records to exercise powers of revision. It empowers the High Court and the Session Judge to call for records of any inferior criminal court and examine them for the purpose of satisfying themselves as to correctness, legality or propriety of any sentence, finding or order of such inferior court. While calling for such record, the High Court and the Session Judge may suspend the sentence or order and may release the accused on bail or on his own bond during pendency of the examination of record. Section 397 (2) bars revision against interlocutory order passed in any appeal, inquiry, trial or other proceedings.

Section 398 empowers the High Court or the Session Judge to direct the Chief Judicial Magistrate or any of the Magistrate subordinate to make further inquiry:

  1.  Into any complaint which has been dismissed under Section 203, 204 (4); or
  2.  Into a case of any person who has been discharged of an offence.

Section 399 deals with Session Judge's power of revision. It provides that the Session Judge may exercise all or any of the powers which may be exercised by the High Court under Section 401(1). Section 400 deals with power of Additional Session Judge regarding revision. Section 401 deals with High Court's power of revision. It provides that the High Court may, in its discretion, exercise any of the powers conferred on a court of appeal by Sections 386, 389, 390 & 391 or on a Court of Session by Section 307.

No order can be made to the prejudice of the accused unless he has been given an opportunity of being heard. The High Court cannot convert a finding of acquittal into one of conviction in a revision.

Where an appeal lies and no appeal is brought, no revision can be entertained. Where a revision is filed under erroneous belief that no appeal lies, the court may convert revision application into a petition or Appeal Section 402 deals with the power of High Court to transfer revision cases.

Recent Judicial Pronouncements:

In the case of The State Of Gujarat v. Afroz Mohammed Hasan Fatta, the Supreme Court emphasized the limited scope of revision, Court observed, "The revisional jurisdiction under Section 397 CrPC can be exercised where the interest of public justice requires interference for correction of manifest illegality or the prevention of gross miscarriage of justice. A court can exercise its revisional jurisdiction against a final order of acquittal or conviction, or an intermediate order not being interlocutory in nature."


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