SYNOPSIS

Name of the project: Revision Jurisdiction of Courts

Introduction:

The right to appeal is not available to all the cases. It is available to only those cases specifically
provided by law. In order to avoid the possibility of any miscarriage of justice in cases where no
right of appeal is available, the code has devised another review procedure called Revision.
Sections 397 to 405 deal with the powers of ‘revision’ conferred on the higher courts and the
procedure to regulate these powers. There are certain limitations for these revisional powers. A
person is allowed to file only one application for revision either to the Court of Session or to the
High Court. If once a revision application is made to one court, no further application by the
same person shall be entertained by the other court.

Section 397 of CrPC, 1973: Calling for records to exercise powers of revision.

Section 398 of CrPC, 1973: Power to order enquiry.

Section 399 of CrPC, 1973: Sessions Judge’s power of revision.

Section 400 of CrPC, 1973: Power of Additional Sessions Judge.

Section 401 of CrPC, 1973: High Court’s powers of revision.

Section 402 of CrPC, 1973: Power of High Court to withdraw or transfer revision cases.

Section 403 of CrPC, 1973: Opinion of Court to hear parties.

Section 404 of CrPC, 1973: Statement by Metropolitan Magistrate of grounds of his decision to
be considered by High Court.

Section 405 of CrPC, 1973: High Court’s order to be certified to Lower Court.

Research Questions:

 Whether the remedy under Section 482 of CrPC can be availed after Section 397 of CrPC
is exhausted?
  Whether the High Court can exercise its Power of Revision where an appeal is pending
against the impugned order before the Sessions Court?
 Whether the High Court be approached under Section 482 despite the remedy being
available under Section 397 of the Cr.P.C?

Literature Review:

1) The Code of Criminal Procedure Code, 1973.

2) www.Heinonline.com
3) www.Manupatra.com

Objective of the Study:

 To critically analyse the concept of Revision Jurisdiction of Courts.

 To analyse the types of cases under Section 397 CrPC.
 To make a study on the types of cases under which the powers of revision are availed.
 To analyse the cases where the power of revision is exhausted.

Research Methodology:

A. Nature of the Study: The nature of the study includes:

1. Descriptive study
2. Explanatory study
3. Analytical study
4. Comparative study
B. Primary Sources: Bare Code CrPC, 1973.
C. Secondary sources: Books, Journals, Articles, Dictionary.
D. Mode of Citation: Blue Book 19th Edition.

Scope of the Study:

The scope of the study is confined to Revision Jurisdiction of Courts.

Significance of the Study: Through this research,

 One can understand the revisional powers and its limitations.

  One can understand when the concept of Section 482 of CrPC.
 One can understand the purpose of the revision jurisdiction of courts.

Chapterization:

1) Introduction.
2) Object and Scope of Revision.
3) Background
4) Appeal
5) Revisional Jurisdiction- Sections 397 to 405 of CrPC.
6) Application of Section 482 of CrPC.
7) Relevant Case Laws.
8) Conclusion.
9) Bibliography.