SUBSTANTIAL REQUIREMENTS OF REVISON

Revision is covered under Chapter XXX, sections 397 - 402 of the Code of criminal procedure
. The Sections provides as follows:

Section 397 : Cationlling for record and exercise of power of revision

1. The High Court has power to call upon for the record of any proceedings and examine
them before any inferior Court within its local jurisdiction. It can direct the execution of the
sentence or order to suspend it and shall release the accused on bail.

2. The power of revision mentioned in sub-section (1) cannot be used in any interlocutory
proceedings.

3. If any application is made by a person to the Court under this section then no further
application can be made by the same person.

 The Court has the power to call for the record of proceedings of its court or any
inferior courts.

Section 398 : Power to order inquiry

The court has the power to order an inquiry after examining any record under Section 397.
The court may direct the Chief Judicial Magistrate by himself or any of his subordinate to
make the further inquiry into any complaint which has been dismissed under Section 203 or
Sub section (4) of Section 204.

 Upon examining the record of proceedings, the Judge has the right to order for an
inquiry into the decision of a case.

Section 399 : Power of revision by Session Judge

1. Session Judge may exercise all or any of the power of the High Court under Sub-section
(1) of Section 401.

2. When power of revision is exercised by Session judge under sub section (1) of 401 then
the other sub sections under 401 shall also apply to proceedings.

3. The decision of Sessions judge in the power of revision shall be taken as final and no
further proceeding is entertained.

Sections 399 - 400 - the Session Judge have the power to revise a decision and he or she can
call additional session judges for the revision of the decision.

Section 400 : Power of additional Judge

An Additional Judge shall also exercise the powers of Session Judge in respect of any case
transferred to him.

Section 401 : Power of revision of High Court

1. The High Court can exercise any of the powers conferred in the Court of Appeal under
Sections 386, 389, 390 and 391 or on a Court of Session under Section 307. The court of
revision are equally divided into opinions and the case shall be dispose inthe manner
provided under Section 392.

2. No order shall be made to the prejudice of the accused and he should be given an
opportunity to be heard.

3. An order of acquittal cannot be converted into conviction by the High Court.

4. When a appeal is brought then no proceedings in the way of revision shall be entertained.

5. If an application for revision is made when an appeal lies then the High Court is satisfied
that the application was made under erroneous belief then they may treat the application for
revision as a petition of appeal and deal with them accordingly.
person or persons whose application has been disposed by Sessions Judge.

 The High Court has the power to revise the cases before it or before the inferior or
lower courts.

Section 402 : Withdraw or transfer or revision cases by High Court

1. When one or more convicts of the same trial apply for revision but in different courts. then
the high court shall decide about transfer of the cases.

2. When it is transferred to High Court then it shall deal with the case as if it was duly made
before it.

3. When it is transferred to Sessions Judge then it shall deal with the case as if it was duly
made before it.

4. When the application is transferred from High Court to Session Judge, there can be no
further application be made to High Court or any other Court be the

 The High Court also has the power to transfer or withdraw the revision cases before
it.