Section 399 CrPC: Sessions Judge’s Revision Powers
This section deals with the revisional powers of the Sessions Judge in criminal cases. It allows the Sessions Judge to review the orders passed by subordinate courts in certain situations.
1. State the Code
Section 399 of the Code of Criminal Procedure, 1973 (CrPC)
2. Explain It
The Sessions Judge has the power to revise any order passed by a subordinate criminal court in the following cases:
- When an order has been passed without jurisdiction or in excess of jurisdiction. This means that the court passing the order did not have the legal authority to do so or went beyond its legal powers.
- When an order has been passed in violation of the principles of natural justice. This includes situations where the affected party was not given a fair hearing or was not given an opportunity to present their case.
- When an order has been passed which is otherwise illegal or improper. This includes cases where the order is based on wrong facts, incorrect application of law, or any other error.
The Sessions Judge can also revise an order passed by a subordinate court even if no appeal lies against that order.
3. Illustrate It
Imagine a case where a Magistrate convicts a person for a crime and sentences him to imprisonment. If the Magistrate had no jurisdiction to try the case or if the sentence was illegal, the Sessions Judge can revise the order under Section 399.
4. Common Questions and Answers
Q: What is the difference between revision and appeal?
A: An appeal is a formal request to a higher court to review the decision of a lower court. A revision is a more discretionary power of a higher court to review an order of a lower court, even if no appeal lies against that order.
Q: Who can file a revision petition?
A: Any person aggrieved by an order passed by a subordinate court can file a revision petition before the Sessions Judge.
Q: What are the grounds for filing a revision petition?
A: The grounds for filing a revision petition are mentioned in Section 399 of the CrPC. They include situations where the order is without jurisdiction, in excess of jurisdiction, violates principles of natural justice, or is otherwise illegal or improper.
