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Adv Samman Singh
Adv Samman Singh. | 5 months ago | 322 Views

What Is Revision Under Section 397 Of CRPC And Its Limitation

Written by:

Adv Samman Singh Adv Samman Singh

Updated: 28-03-2024

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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.

Sharks of Law is a one-stop legal resource that houses a wealth of knowledge on various laws with the best credentials in the field. You can find a lawyer who satisfies your legal needs with this law firm for online consultation. If you require legal advice in any area related to divorce, the lawyers at Sharks of Law have the experience to provide it.

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Ujjain: Woman Raped In Daylight, While Passerby Recorded The Video, Rape Accused And Another Arrested +91-88770-01993

Adv Arjun Sharma • 07/09/2024

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How To Apply For A Marriage Certificate ? +91-8877001993

Adv Tanvi Malik • 09/09/2024

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How Is Murder Punishable? 8877001993

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Cheque Bounce Lawyers In Delhi 91-8877001993

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Dowry Death And Its Punishment 91-8877001993

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How To Escape From Cheque Bounce Cases ?91-8877001993

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Arrest Of RG Kar Principal And Kolkata Cop By CBI +91-8877001993

Adv Shubham Pahuja • 24/09/2024

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Arvind Kejriwal Resignation From The Post Of CM In Delhi

Adv Ankit Kansal • 24/09/2024

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Improper Bathing Habits Of Husband Leads To Divorce +91-8877001993

Adv Rahul Pandey • 25/09/2024

Bail Of Delhi CM Arvind Kejriwal In Delhi Excise Policy Case

Bail Of Delhi CM Arvind Kejriwal In Delhi Excise Policy Case

Adv Kanishk Garg • 25/09/2024

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Beef Found In Tirupati Ladoo Prasad +91-8877001993

Adv Anshul Jain • 27/09/2024

Section 125 Of CRPC Is Not There To Create An Army Of Idlers, Well-Qualified Wife Shall Not Solely Depend Upon Maintenance:- Mp High Court 91-8877001993

Section 125 Of CRPC Is Not There To Create An Army Of Idlers, Well-Qualified Wife Shall Not Solely Depend Upon Maintenance:- Mp High Court 91-8877001993

Adv Tanvi Malik • 28/09/2024

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Resignation Not Final Until Employer Communicates The Acceptance To Employee:-SC 91-8877001993

Adv Shifa • 28/09/2024

High Court Condemns "Freebie Culture," Summons MCD Commissioner In Response To Delhi IAS Coaching Center Fatalities 91-8877001993

High Court Condemns "Freebie Culture," Summons MCD Commissioner In Response To Delhi IAS Coaching Center Fatalities 91-8877001993

Adv Tanvi Malik • 30/09/2024

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Role Of The Best Family Lawyers In Delhi +91-8877001993

Adv Shubham Pahuja • 01/10/2024

Can’t Call Religion Of India As Pakistan: Supreme Court Blasts Karnataka Judge

Can’t Call Religion Of India As Pakistan: Supreme Court Blasts Karnataka Judge

Adv Ankit Kansal • 01/10/2024

Death Sentence For Rape And Murder Of 7 Year Old Girl In Kolkata 91-8877001993

Death Sentence For Rape And Murder Of 7 Year Old Girl In Kolkata 91-8877001993

Adv Shifa • 05/10/2024

Delhi High Court Grants Pregnancy Termination In Live In Relationship 91-8877001993

Delhi High Court Grants Pregnancy Termination In Live In Relationship 91-8877001993

Adv Ankit Kansal • 05/10/2024

Living Separately For Jobs Does Not Amount To Desertion 91-8877001993

Living Separately For Jobs Does Not Amount To Desertion 91-8877001993

Adv Kanishk Garg • 09/10/2024

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What To Do In Cheque Bounce Case: Lawyers Legal Advice 91-8877001993

Adv Samman Singh • 10/10/2024

Govt Pleas For Criminalizing Marital Rapes?

Govt Pleas For Criminalizing Marital Rapes?

Adv Tanvi Malik • 14/10/2024

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Maintenance To Woman In Live In Relationship 91-8877001993

Adv Ankit Kansal • 15/10/2024

Baba Siddiqui Murder Case And Lawrence:-Bishnoi Gang Connection

Baba Siddiqui Murder Case And Lawrence:-Bishnoi Gang Connection

Adv Anshul Jain • 18/10/2024

All Arrest And Detentions Are Not Custodial Torture 91-8877001993

All Arrest And Detentions Are Not Custodial Torture 91-8877001993

Adv Samman Singh • 07/11/2024

New Appointment Cannot Be Revoked If Resignation Is Accepted By The Previous Company 91-8877001993

New Appointment Cannot Be Revoked If Resignation Is Accepted By The Previous Company 91-8877001993

Adv Arjun Sharma • 09/11/2024

Matrimony Company To Pay Compensation To The Groom 91-8877001993

Matrimony Company To Pay Compensation To The Groom 91-8877001993

Adv Shubham Jindal • 11/11/2024

Justice Dy Chandrachud’s Legacy Through His 5 Key Judgments

Justice Dy Chandrachud’s Legacy Through His 5 Key Judgments

Adv Ankit Kansal • 12/11/2024

Student Sues Jindal Global Law School After University Fails Him For Using 88% AI Generated Content In Exams 91-8877001993

Student Sues Jindal Global Law School After University Fails Him For Using 88% AI Generated Content In Exams 91-8877001993

Adv Arjun Sharma • 14/11/2024

Forcing Wife To Quit Job Amounts To Cruelty 91-8877001993

Forcing Wife To Quit Job Amounts To Cruelty 91-8877001993

Adv Shubham Jindal • 25/11/2024

Celebrating The Spirit Of Democracy On Constitution Day On November 26

Celebrating The Spirit Of Democracy On Constitution Day On November 26

Adv Shubham Pahuja • 26/11/2024

Judicial Reform Through Set Up Of 24*7 Online Court In Kerela

Judicial Reform Through Set Up Of 24*7 Online Court In Kerela

Adv Anshul Jain • 06/12/2024

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