A criminal revision petition is one of the most significant supervisory remedies available in the Indian criminal justice system. It enables the High Court to exercise control over the legality and propriety of orders passed by subordinate criminal courts. The direct answer to your question is: the High Court’s powers in a criminal revision petition are laid out primarily in Sections 397 to 401 of the Code of Criminal Procedure, 1973 (Cr.P.C.), and these powers include calling for records, examining legality, propriety, or correctness of orders, altering or annulling such orders, and even exercising powers similar to those of an appellate court in exceptional cases to prevent miscarriage of justice.
Let us explore this topic in detail and cover every aspect so your readers get a complete understanding.
1. Legal Basis of the High Court’s Revisional Powers in Criminal Cases
The High Court’s powers in criminal revisions derive mainly from:
- Section 397 Cr.P.C. – Power to call for records to examine legality or propriety of orders.
- Section 398 Cr.P.C. – Power to order further inquiry.
- Section 399 Cr.P.C. – Revisional powers of the Sessions Judge.
- Section 400 Cr.P.C. – High Court’s power to exercise the same powers as Sessions Judge.
- Section 401 Cr.P.C. – High Court’s powers of revision; the broadest and most important provision.
These sections are supplemented by judicial precedents and the High Court’s inherent jurisdiction under Section 482 Cr.P.C., which can be invoked in rare and exceptional cases.
2. Nature of Revisional Powers
- The powers are supervisory and discretionary, not appellate.
- The High Court primarily looks at the correctness, legality, and propriety of an order rather than re-appreciating evidence or substituting its own findings of fact.
- However, in exceptional cases where failure to interfere would lead to a miscarriage of justice, the High Court can exercise more extensive powers, including reappraisal of evidence.
3. Scope of Section 397 Cr.P.C. – Calling for Records
Under Section 397(1), the High Court may call for and examine the record of any proceeding before any inferior criminal court to satisfy itself about the correctness, legality, or propriety of any finding, sentence, or order.
Key features:
- Discretionary Power: The High Court “may” call for records; it is not bound to do so.
- Wide Coverage: Any order, finding, or sentence passed by subordinate criminal courts can be scrutinized.
- Purpose: To ensure subordinate courts act within their jurisdiction and comply with law.
Limitations under Section 397(2):
- No revision lies against interlocutory orders. This is to prevent unnecessary delay in criminal proceedings.
4. Power Under Section 398 Cr.P.C. – Ordering Further Inquiry
If a subordinate criminal court has improperly discharged an accused or dropped proceedings, the High Court can direct further inquiry.
Example:
- A Magistrate discharges the accused despite prima facie evidence.
- The High Court, on revision, can direct the Magistrate to conduct further inquiry into the case.
This provision is especially important in cases where the complainant’s grievance may otherwise go unaddressed.
5. Powers of the Sessions Judge under Section 399 Cr.P.C. and High Court’s Power under Section 400 Cr.P.C.
While Sessions Judges also have revisional powers, Section 400 Cr.P.C. clarifies that the High Court can exercise the same powers as the Sessions Judge.
This dual mechanism ensures that litigants can approach the Sessions Court first for revision, keeping the High Court’s time for more significant or complex matters.
6. The Heart of Revisional Powers – Section 401 Cr.P.C.
Section 401 lays down the High Court’s actual powers when exercising revisional jurisdiction. Its highlights include:
(a) Any Order Which the Sessions Judge Could Have Passed
- Under Section 401(1), the High Court may exercise any powers conferred on a Court of Appeal under Cr.P.C.
- This means it can alter, annul, or reverse the findings or orders of a lower court to prevent injustice.
(b) Powers Similar to Appellate Court (But Not an Appeal)
- The High Court can modify sentences, quash convictions, or direct retrials in appropriate cases.
- However, it cannot convert a finding of acquittal into one of conviction.
(c) Power to Direct Retrial or Additional Evidence
- The High Court can order a retrial if the initial trial was vitiated by gross irregularities.
- It can also take additional evidence or direct lower courts to do so in rare cases.
(d) Preventing Miscarriage of Justice
- Section 401(2) ensures that no order adversely affecting an accused or other party is passed without giving them an opportunity of being heard.
- The High Court uses its revisional power to maintain fairness and due process.
(e) Bar on Second Revision – Section 401(4)
- If a person has already filed a revision before the Sessions Judge, he cannot file another revision before the High Court on the same issue.
- This prevents abuse of process and multiplicity of proceedings.
7. Specific Powers the High Court May Exercise in Criminal Revision
Let us enumerate the actual powers available to the High Court in a criminal revision petition:
- Quash Illegal Orders: If a subordinate court passes an order beyond its jurisdiction or contrary to law, the High Court can quash it.
- Modify or Reduce Sentences: The High Court can reduce or modify the sentence imposed by lower courts, within statutory limits.
- Set Aside Wrongful Convictions: If there is a clear miscarriage of justice, the High Court can set aside a conviction.
- Enhance Sentence (After Due Notice): In rare cases, the High Court can also enhance a sentence but only after giving the accused an opportunity of being heard.
- Order Retrial or Fresh Inquiry: When procedural irregularities have vitiated the trial, the High Court may direct a retrial.
- Correct Jurisdictional Errors: The High Court ensures that subordinate courts act within the jurisdiction vested in them by law.
- Interfere in Cases of Material Irregularity: Even if jurisdiction exists, but the court acted with gross irregularity, the High Court may interfere.
- Grant Interim Relief: While revisional jurisdiction does not explicitly provide for interim orders, the High Court can stay proceedings or execution of sentences under its inherent powers to maintain the status quo pending decision.
8. Limitations on High Court’s Revisional Powers
Despite their breadth, revisional powers are subject to important limitations:
- No Interference with Interlocutory Orders: Section 397(2) bars revisions against purely interim or interlocutory orders.
- Cannot Convert Acquittal into Conviction: Section 401(3) bars such conversion in revision; the only remedy is appeal.
- Discretionary Nature: The High Court is not bound to interfere even if an error exists; it intervenes only to prevent substantial injustice.
- Bar on Second Revision: Section 401(4) prevents the same party from filing multiple revisions.
- Revisional Powers Not a Substitute for Appeal: The High Court does not re-evaluate evidence as extensively as in an appeal except to prevent injustice.
9. Judicial Precedents Illustrating High Court’s Revisional Powers
- Amit Kapoor v. Ramesh Chander (2012) 9 SCC 460
- The Supreme Court held that revisional powers should be exercised sparingly and only where the interest of justice requires interference.
- Madhu Limaye v. State of Maharashtra (1977) 4 SCC 551
- Clarified the scope of Section 397(2) Cr.P.C. on interlocutory orders and High Court’s revisional powers.
- K. Chinnaswamy Reddy v. State of Andhra Pradesh (1962 AIR SC 1788)
- Held that the High Court can interfere in revision even after acquittal if there is a manifest error of law resulting in miscarriage of justice.
- State of Kerala v. Puttumana Illath Jathavedan Namboodiri (1999) 2 SCC 452
- The Court reaffirmed that revisional jurisdiction is to ensure legality, propriety, and correctness, not to re-evaluate evidence like an appeal.
10. Procedural Aspects of Exercising Revisional Powers
- The High Court calls for the record of the lower court.
- Issues notice to the opposite party before passing an order adverse to it.
- May stay the execution of sentence or proceedings pending revision.
- Passes a reasoned order either dismissing or allowing the revision.
11. Difference Between High Court’s Powers in Appeal and Revision
| Feature | Appeal | Revision |
|---|---|---|
| Nature | Statutory right | Discretionary supervisory power |
| Scope | Full reappraisal of facts and law | Mainly legality, jurisdiction, propriety |
| Powers | Can confirm, reverse, or modify | Can quash or modify but not convert acquittal into conviction |
| Interim Orders | More liberal | Limited, mostly under inherent powers |
This distinction is crucial in understanding why the High Court’s powers in revision are narrower than in appeal but still potent enough to rectify grave injustices.
12. Practical Implications of High Court’s Revisional Powers
- For Accused Persons: A vital safeguard when no appeal is available.
- For Complainants/Victims: Enables challenge to illegal discharge or dropping of proceedings.
- For the Justice System: Acts as a supervisory mechanism ensuring uniformity and legality in criminal adjudication.
13. Tips for Litigants and Lawyers Using Revisional Powers
- File the revision petition promptly within 90 days (Article 131 of the Limitation Act).
- Focus on jurisdictional errors or material irregularities, not on minor factual disputes.
- Attach certified copies of orders and relevant documents to support your grounds.
- If seeking interim relief (like stay of sentence), file a separate stay application with strong reasons.
- Remember that the High Court is more likely to interfere if not doing so would cause a miscarriage of justice.
14. The Role of Inherent Powers (Section 482 Cr.P.C.) Alongside Revisional Powers
Although Section 482 Cr.P.C. is distinct, it complements the High Court’s revisional jurisdiction. In situations where Section 397–401 may not apply, but interference is necessary to secure the ends of justice or prevent abuse of process, the High Court can invoke its inherent powers.
This is particularly useful when interlocutory orders or procedural abuses threaten to derail justice.
15. Conclusion
To summarize, the High Court’s powers in a criminal revision petition are extensive but carefully circumscribed. Under Sections 397–401 Cr.P.C., the High Court can call for records, examine the correctness, legality, or propriety of any order, and can quash, modify, or direct further inquiry or retrial. It may also reduce or enhance sentences, grant interim relief, and exercise powers similar to those of an appellate court in exceptional cases to prevent miscarriage of justice.
However, these powers are discretionary and supervisory, not as wide as appellate powers. The High Court generally intervenes only to correct jurisdictional errors, illegality, or grave irregularities, ensuring the fair administration of criminal justice.
In essence, the High Court’s revisional jurisdiction serves as a guardian of legality and propriety in criminal proceedings — a powerful yet restrained tool designed to uphold justice without unduly interfering in the trial process.
Important: Kindly Refer New Corresponding Sections of Bharatiya Nyaya Sanhita 2023, (BNS); Bharatiya Nagarik Suraksha Sanhita 2023, (BNSS); & Bharatiya Sakshya Adhiniyam 2023, (BSA) for IPC; CrPC & IEA used in the article.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304