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CrPC, 1973
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CrPCChapter XXXSection 399
Section399

Sessions Judge’s powers of revision

AI Assist

Summary

When a Sessions Judge calls for the record of a case, he may exercise the same revision powers that the High Court has. If revision proceedings start before the Sessions Judge, the procedural rules that apply to High Court revisions will, so far as may be, apply to the Sessions Judge. If a person applies for revision before the Sessions Judge, the judge's decision for that person is final and that person cannot seek further revision in the High Court or any other court.

Example

Priya, a shopkeeper, is convicted by a magistrate and applies for revision before the Sessions Judge. The Sessions Judge calls for the record and uses the same powers a High Court would to quash the conviction. Because Priya asked the Sessions Judge first, she cannot later ask the High Court to reopen the matter.

Bare Act

Enacted text

(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 subsections 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.

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XXX

Chapter XXX

Reference And Revision

In this chapter

  • 395Reference to High Court
  • 396Disposal of case according to decision of High Court
  • 397Calling for records to exercise powers of revision
  • 398Power to order inquiry
  • 399Sessions Judge’s powers of revision
  • 400Power of Additional Sessions Judge
  • 401High Court’s powers of revision
  • 402Power of High Court to withdraw or transfer revision cases
  • 403Option of Court to hear parties
  • 404Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court
  • 405High Court’s order to be certified to lower Court
Previous · Section 398Power to order inquiryNext · Section 400Power of Additional Sessions Judge