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CHAPTER XXX REFERENCE AND REVISION

Section 397: Calling for records to exercise powers of revision

The Code of Criminal Procedure, 1973 (repealed)

Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024.

(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself; to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling, for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement that he be released on bail or on his own bond pending the examination of the record.

Explanation.—All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section and of section 398.

(2) The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.

(3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.

Now in the BNSS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

397. Calling for records to exercise powers of revision.BNSS 438

Questions on this section

1 question in 8 of our papers cite Section 397. Try these from the free papers:

  1. 1. In Madhu Limaye v. State of Maharashtra (1977), the Supreme Court interpreted the bar on revision against interlocutory orders in Section 397(2) CrPC (now Section 438(2) BNSS). Which of the following reflects its holding?

Practise questions on Criminal Law