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CrPC, 1973
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CrPCChapter XXXSection 403
Section403

Option of Court to hear parties

AI Assist

Summary

When a court is exercising its revision powers, no party has a right to be heard personally or by a pleader unless the Code explicitly provides otherwise. The revising court may, if it thinks fit, hear any party personally or through a pleader. In short, being heard on revision is discretionary with the court, not an automatic right of the party.

Example

Priya’s case is under revision in the sessions court after a magistrate’s order. She cannot insist on being heard in person or through her pleader, but the sessions court may allow her or her pleader to be heard if it thinks fit.

Bare Act

Enacted text

Save as otherwise expressly provided by this Code no party has any right to be heard either personally or by pleader before any Court exercising its powers of revision; but the Court may, if it thinks fit, when exercising such powers, hear any party either personally or by pleader.

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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 402Power of High Court to withdraw or transfer revision casesNext · Section 404Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court