Section 397 CrPC: Calling for Records for Revision Powers – Code of Criminal Procedure
1. State the code
Section 397 of the Code of Criminal Procedure, 1973 (CrPC) deals with the power of the High Court to call for records of a case for the purpose of exercising its revisional jurisdiction.
2. Explain it
This section empowers the High Court to call for the records of any case pending before a subordinate court, or any case decided by such a court, for the purpose of satisfying itself whether any error apparent on the face of the record has occurred in the proceedings or in the order of such subordinate court. This power is exercised by the High Court to ensure that justice is done and to correct any miscarriage of justice by the subordinate courts.
The High Court can also, at its own motion or on the application of any person aggrieved by the order of a subordinate court, call for the records of the case. However, the High Court can only exercise its revisional powers if there is an “error apparent on the face of the record”. This means that the error must be so obvious and clear that it can be seen by merely reading the record of the case.
3. Illustrate it
- A subordinate court convicts a person for an offense based on insufficient evidence. The High Court can call for the records of the case and, finding that the conviction was based on insufficient evidence, can quash the conviction.
- A subordinate court imposes a sentence that is manifestly excessive. The High Court can call for the records of the case and, finding that the sentence is excessive, can reduce it.
- A subordinate court refuses to grant bail to a person who is entitled to it. The High Court can call for the records of the case and, finding that the refusal to grant bail was unjustified, can order the subordinate court to grant bail.
4. Common Questions and Answers
Q: What are the grounds for exercising revisional jurisdiction under Section 397 CrPC?
A: The grounds for exercising revisional jurisdiction under Section 397 CrPC are:
- Error apparent on the face of the record
- Illegality or impropriety in the proceedings
- Error of law or procedure
- Material irregularity
- Miscarriage of justice
Q: Can the High Court interfere with the findings of fact by the subordinate court in a revision petition?
A: No, the High Court can only interfere with the findings of fact by the subordinate court if there is a “grave error” or “manifest error”.
Q: What is the time limit for filing a revision petition under Section 397 CrPC?
A: There is no specific time limit for filing a revision petition under Section 397 CrPC. However, it is advisable to file the petition as soon as possible after the order of the subordinate court.
