The
Code of Criminal Procedure, 1973
CHAPTER XXX
: REFERENCE AND REVISION
395. Reference to High Court
(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.
Explanation.-In
this section, "Regulation" means
any Regulation as defined in the General Clauses Act, 1897 (10 of 1897),
or in the General Clauses Act of a State.
(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.
396. Disposal of case according to decision of High Court
(1) 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.
(2) The High Court may direct by whom the costs of such reference shall
be paid.
397. Calling for records to exercise powers of revision
(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 as 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.
398. Power to order inquiry
On examining any record under section 397 or otherwise, the High Court
or the Sessions Judge may direct the Chief Judicial Magistrate by himself
or by any of the Magistrates subordinate to him to make, and the Chief
Judicial Magistrate may himself make or direct any subordinate Magistrate
to make, further inquiry into any complaint which has been dismissed
under section 203 or sub-section (4) of section 204, or into the case
of any person accused of an offence who has been discharged :
Provided that no Court shall make any direction under this section for
inquiry into the case of any person who has been discharged unless such
person has had an opportunity of showing cause why such direction should
not be made.
399. Sessions Judge’s powers of revision
(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-section (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.
400. Power of Additional Sessions Judge
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.
401. High Court’s powers of revision
(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.
(4) 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.
(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.
Foot Notes
1. Substituted by Act No. 45 of 1978.
2. Inserted by Act No. 45 of 1978.
3. Substituted by Act No. 45 of 1978.
4. Inserted by Act No. 45 of 1978.
5. Inserted by Act No. 45 of 1978.
6. Substituted
by Act No. 45 of 1978, for the word "defamation".
7. Inserted by Act No. 45 of 1978.
8. Substituted
by Act No. 45 of 1978, for the word "Magistrate".
9. Substituted
by Act No. 45 of 1978, for the word "Magistrate".
10. Substituted
by Act No. 45 of 1978, for the words "from one
Magistrate to another Magistrate".
11. Section 327 re-numbered as sub-section (1) thereof by Act No. 43
of 1983.
12. Inserted by Act No. 43 of 1983.
13. The
word "Indian" omitted
by Act No. 56 of 1974.
14. Substituted
by Act No. 45 of 1978, for the words "has been
passed".
15. Substituted
by Act No. 45 of 1978, for the words "the Central
Government may direct".
16. Inserted by Act No. 45 of 1978.
|
