To assure themselves as to the accuracy, legitimacy, or propriety of any finding, the High Court or any Sessions Judge may request and review the record of any proceeding before any lower Criminal Court located within its or his local jurisdiction, this is known as revision petition.
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The common law system is mostly based and relies upon the widely accepted norm that is "no one shall be left without a remedy." It acts as a sword to guarantee equity as well as justice for each and every person. This dictum, which acts as a unifying source for provisions of the Criminal Procedure Code, has been recognized widely as a crucial and important element of natural justice throughout the development and growth of legal systems.
Section 397 of CrPC: About
The request for records to exercise revision powers is covered in this section. According to this,
- Section 397(1) crpc: The High Court or any Sessions Judge may request and review the record of any proceeding before any lower Criminal Court located within its or his local jurisdiction in order to satisfy themselves or themselves as to the accuracy, propriety, or legality of any finding, sentence, or order, recorded or passed, and as to the regularity of any proceedings of such lower Court. When requesting such a record, they may also order the suspension of the execution of any sentence or order, and in the event that the accused is being held, they may order that he be released on bond or on bail while the record is being examined.
- section 397(2) crpc: Section 397(1)'s revisionary powers are not to be used in connection with any interlocutory orders made during an appeal, investigation, trial, or other procedure.
- Section 397(3) crpc: After someone files an application under this section with the Sessions Judge or the High Court, neither of them will accept another application from the same individual.
limitation for revision under section 397 of crpc
The revisional abilities are vast, although they are limited in certain ways. As an example,
- Revision requests from the party who may have appealed are typically not entertained in cases where an appeal is present but not filed;
- Regarding any interlocutory order made during an appeal, investigation, or trial, revisional rights are not applicable;
- A party may only file one application for revision, either with the high court or the court of session; once filed, the party may not file another application with the same court.
- A court using its revisional powers may not change an acquittal decision to a conviction decision.
crpc 397 latest Judgments
- In the State of Rajasthan v. Fatehkaran Mendu (2017) case, as to the ruling of the Apex court, the purpose of this clause was to rectify any patent fault, error of jurisdiction or law, or perversity that may have slipped in during the proceedings. These laws give the High Court the power to hear a revision petition on its own initiative, sometimes referred to as Suo moto, or on the petition of the party that has been wronged.
- In the State of Gujarat v Afroz Mohammed Hasanfatta (2019) case, the Chief Judicial Magistrate had issued an order to issue the suspect with legal proceedings after receiving notice of the criminal offenses based on the police's second supplementary charge sheet. However, the High Court of Gujarat overturned this decision. The High Court should ideally not have entered into the specifics of the case when the case still lies in its early stages, as stated by the judge bench made up of R. Banumathi and Indira Banerjee. As per the Supreme Court, the hearing a revision under under Section 397 CrPC by the High Court does not function as an appellate court and is not actually authorized to consider the evidence unless the lower court's ruling stands to be incorrect.
The revisional court does not, however, linger too long on the case's facts and evidence; rather, it uses the information to confirm to itself that the conclusions, sentence, and order are appropriate and constitutional, without changing its own conclusion that was reached after a thorough review of the available evidence.
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