Section 401 CrPC: High Court’s Revision Powers in Criminal Procedure
1. State the code
Section 401 of the Code of Criminal Procedure, 1973 (CrPC) deals with the High Court’s power of revision in criminal proceedings.
2. Explain it
This section empowers the High Court to revise any order passed by a subordinate criminal court, including:
- An order passed by a Magistrate under Chapter XIV (Special Proceedings)
- An order passed by a Sessions Judge under Chapter XVIII (Appeals)
- An order passed by any other court subordinate to the High Court
The High Court can exercise its revisional power if it finds that the order passed by the subordinate court is:
- Illegal
- Improper
- Against the principles of justice
However, the High Court can only revise an order if the aggrieved party files a petition seeking revision within a specified time limit.
3. Illustrate it
Let’s say a Magistrate acquits an accused person in a case of theft. The prosecution feels that the Magistrate’s order is wrong and illegal. They can then approach the High Court under Section 401 CrPC, seeking a revision of the order. The High Court can then review the order and, if it finds it to be illegal, can set it aside and order a retrial.
4. Common questions and answers regarding the code
Q1: What is the difference between an appeal and a revision?
A1: An appeal is filed against a final order of a lower court, while a revision is filed against an order that is not a final order but is considered to be illegal, improper, or against the principles of justice.
Q2: What are the grounds for filing a revision petition under Section 401 CrPC?
A2: The grounds for filing a revision petition are:
- Illegality of the order
- Impropriety of the order
- The order being against the principles of justice
Q3: What is the time limit for filing a revision petition?
A3: The time limit for filing a revision petition is specified in Section 401 itself. The petition must be filed within a reasonable time, considering the circumstances of the case.
