Calling for records to exercise powers of revision
AI Assist
Summary
High Court or a Sessions Judge can call for records of proceedings in lower criminal courts within their local jurisdiction to check the correctness, legality or propriety of any finding, sentence or order and the regularity of proceedings. They may suspend execution of a sentence or order and, if the accused is confined, order release on personal bond or bail while the record is examined. The power does not extend to interlocutory orders, and the same person cannot apply to both courts.
Example
Ravi is convicted by a magistrate and sent to jail under a sentence. He applies for revision; the Sessions Judge calls for the trial record, suspends execution of the sentence and directs that Ravi be released on his own bond pending examination of the record. After applying to the Sessions Judge, Ravi cannot separately apply to the High Court under the same provision.
Bare Act
Enacted text(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 his own bond or bail 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 439.
(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.
Previous year papers
Pick your exam. we'll email the most recent paper.