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    Reference and Revision

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    Rohit kumar Sharma
    The document discusses the provisions relating to reference and revision under the Code of Criminal Procedure. It summarizes sections 395-401 which deal with the powers of the High Court and Sessions Court to revise proceedings and orders of subordinate criminal courts. The key points are: 1) The High Court and Sessions Court can suo moto call for the record of any proceeding in an inferior criminal court to satisfy itself of the correctness, legality or propriety of any finding, sentence or order. 2) The revisional powers can be exercised over final or intermediate orders but not interlocutory orders. Final orders that dispose of the rights of parties can be revised. 3) When re

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    Reference and Revision

    Uploaded by

    Rohit kumar Sharma
    50 views6 pages
    The document discusses the provisions relating to reference and revision under the Code of Criminal Procedure. It summarizes sections 395-401 which deal with the powers of the High Court and Sessions Court to revise proceedings and orders of subordinate criminal courts. The key points are: 1) The High Court and Sessions Court can suo moto call for the record of any proceeding in an inferior criminal court to satisfy itself of the correctness, legality or propriety of any finding, sentence or order. 2) The revisional powers can be exercised over final or intermediate orders but not interlocutory orders. Final orders that dispose of the rights of parties can be revised. 3) When re

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    The document discusses the provisions relating to reference and revision under the Code of Criminal Procedure. It summarizes sections 395-401 which deal with the powers of the High Court and Sessions Court to revise proceedings and orders of subordinate criminal courts. The key points are: 1) The High Court and Sessions Court can suo moto call for the record of any proceeding in an inferior criminal court to satisfy itself of the correctness, legality or propriety of any finding, sentence or order. 2) The revisional powers can be exercised over final or intermediate orders but not interlocutory orders. Final orders that dispose of the rights of parties can be revised. 3) When re

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    50 views6 pages

    Reference and Revision

    Uploaded by

    Rohit kumar Sharma
    The document discusses the provisions relating to reference and revision under the Code of Criminal Procedure. It summarizes sections 395-401 which deal with the powers of the High Court and Sessions Court to revise proceedings and orders of subordinate criminal courts. The key points are: 1) The High Court and Sessions Court can suo moto call for the record of any proceeding in an inferior criminal court to satisfy itself of the correctness, legality or propriety of any finding, sentence or order. 2) The revisional powers can be exercised over final or intermediate orders but not interlocutory orders. Final orders that dispose of the rights of parties can be revised. 3) When re

    Copyright:

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    of 6

    Reference and Revision

    Relevant Provisions: Chapter XXX (Sections 395 to 405)

    Reference to High Court [Section 395]


    (1) Where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or
    Regulation or of any provision contained in an Act, Ordinance or Regulation,
     the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or
    provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is Subordinate or by the
    Supreme Court,
     the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High
    Court.

    (2) A Court of Session or a Metropolitan Magistrate may, if it or he thinks fit in any case pending before it or him to which the
    provisions of sub-section (1) do not apply,
     refer for the decision of the High Court any question of law arising in the hearing of such case.

    (3) Any Court making a reference to the High Court under sub-section (1) or sub-section (2) may,
     pending the decision of the High Court thereon, either commit the accused to jail or release him on bail to appear when called
    upon.

    Note: When a question has been so referred, the High Court shall pass such order thereon as it thinks fit, and shall cause a copy
    of such order to be sent to the Court by which the reference was made,
    which shall dispose of the case conformably to the said order. [Section 396]
    Revision

    Calling for Records to Exercise Powers of Revision [Section 397]


    (1) The High Court or any Sessions Judge may
     call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction
     for the purpose of satisfying itself or himself; to the correctness, legality or propriety of any finding, sentence or order,
    recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may,
     when calling, for such record, direct that the execution of any sentence or order be suspended, and if the accused is in
    confinement that he be released on bail or on his own bond pending the examination of the record.

    Explanation: All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be
    deemed to be inferior to the Sessions Judge for the purposes of this sub-section and of section 398.
    (2) The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any
    appeal, inquiry, trial or other proceeding.

    (3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge,
    no further application by the same person shall be entertained by the other of them.

    Object of Revisional Jurisdiction: To confer upon superior criminal courts a paternal or supervisory jurisdiction and to empower
    the superior courts to pass suitable orders to address any defect, irregularity or illegality in any finding, sentence or order
    passed by an inferior court.
    Meaning of 'proceeding': 'Proceeding' is a very wide term and would include any judicial proceeding taken before any inferior
    court even though it may not relate to the commission or trial of an offence. Therefore, the test to explain the scope and ambit
    of this term used in section 397 is not the nature of the proceeding but the nature of the court in which the proceeding is held.
     Within the meaning of section 397, Session Judge is inferior to the High Court and both Executive and Judicial Magistrates
    are inferior to the Sessions Court.

     Generally, High Court and Session Judge exercise the revisional jurisdiction suo motto or at the instance of the prosecution
    or the accused person and in some rare cases revisional powers may be exrcised on the motion of a third party (niether
    prosecution and accused.

    Q. What is interlocutory order?


    Ans: An interlocutory order is one which is passed at some intermediate stage of a proceeding generally to advance the cause of
    justice for the final determination of the rights between the parties. [Order which is purely temporary in nature] - For
    example order of adjourning case to a future date, order of summoning witnesses etc.

    Test whether an order is interlocutory or final in nature: Whether or not the order in question finally disposes of the rights of
    the parties or leave them to be determined by the court in a final order.

     Sub-section (2) of section 397 bans the exercise of revisional power in relation to any interlocutory order passed in appeal,
    inquiry, trial or other proceeding.
    Therefore, revisional jurisdiction is to be exercised only in respect of final orders and intermediate orders.
    An intermediate order [quasi final order] fall in between the final and interlocutory order.
    Example of Final Order: An order taking cognizance can be treated to be final and therefore it can be revised under Section 397
    of the Code.

    Q. Try to give more examples of final orders passed by criminal courts which can be revised under section 397.

    Example of Intermediate Order: Order of framing of charge is neither interlocutory nor final and thereofore it can be termed as
    intermediate and hence revisable.

    Q. Try to give more examples of final orders passed by criminal courts which can be revised under section 397.

    According to Supreme Court in Madhu Limaye v. State of Maharashtra, 91997) 4 SCC 591; it is neither advisable nor possible to
    make a catalogue of orders to demonstrate which kind of orders would be merely, purely or simply interlocutory and which kinds
    of orders would be final and then to prepare an exhaustive list of those types of orders which fall in between.
    Sessions Judge's Powers of Revision [Section 399]

    (1) In the case of any proceeding the record of which has been called for by himself, the Sessions Judge may exercise all or any of
    the powers which may be exercised by the High Court under sub-section (1) of section 401.

    (2) Where any proceeding by way of revision is commenced before a Sessions Judge under sub-section (1), the provisions of sub-
    sections (2), (3), (4) and (5) of section 401 shall, so far as may be, apply to such proceeding and references in the said sub-sections
    to the High Court shall be construed as references to the Sessions Judge.

    (3) Where any application for revision is made by or on behalf of any person before the Sessions Judge, the decision of the
    Sessions Judge thereon in relation to such person shall be final and no further proceeding by way of revision at the instance of
    such person shall be entertained by the High Court or any other Court.

    Revisional Powers of Additional Sessons Judge [Section 400]


    An Additional Sessions Judge shall have and may exercise all the powers of a Sessions Judge under this Chapter in respect of any
    case which may be transferred to him by or under any general or special order of the Sessions Judge.
    High Court's Powers of Revision [Section 401]

    (1) In the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge,
    the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 386, 389, 390 and 391
    or on a Court of Session by section 307, and, when the Judges composing the Court of Revision are equally divided in opinion, the
    case shall be disposed of in the manner provided by section 392.

    (2) No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of
    being heard either personally or by pleader in his own defence.

    (3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one of conviction.

    Note: Where under this Code an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at
    the instance of the party who could have appealed. [Sub-section (4) of Section 401]

    (5) Where under this Code an appeal lies but an application for revision has been made to the High Court by any person and the
    High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is
    necessary in the interests of Justice so to do, the High Court may treat the application for revision as a petition of appeal and
    deal with the same accordingly.

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