CrPC Section 397
Section 397 of the Criminal Procedure Code (CrPC), 1973:
⚖️ Section 397 CrPC – Calling for records to exercise powers of revision
Section 397 empowers the High Court or a Sessions Judge to call for and examine the records of any criminal proceeding from a lower court for the purpose of revision.
🔍 Key Provisions of Section 397:
1. Who can exercise this power?
The High Court, or
Any Sessions Judge (District & Sessions Court)
2. When can they use this power?
To ensure correctness, legality, or propriety of:
Any finding, sentence, or order passed by a lower criminal court, and
The regularity of proceedings.
3. What can be done under this power?
The revisional court (High Court or Sessions Court) can:
Call for records from the lower court,
Examine the records, and
Take appropriate action to correct any legal or procedural errors.
4. Limitations (Sub-section 2):
No revision can be made regarding interlocutory orders (temporary orders passed during the course of a trial or inquiry).
This prevents the misuse of revision to delay trials.
5. Concurrent Jurisdiction (Sub-section 3):
If a revision is made to the Sessions Judge, then no further revision can be filed to the High Court by the same person in the same matter (and vice versa).
✅ Purpose of Section 397:
To provide judicial oversight on lower courts.
Acts as a safeguard against miscarriage of justice due to legal errors.
Ensures fairness and legality in criminal proceedings.
📘 Related Sections:
Section 399 CrPC – Revisional powers of Sessions Judges.
Section 401 CrPC – Revisional powers of High Court.
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