CrPC Section 399
CrPC Section 399
Here is a clear explanation of Section 399 of the Code of Criminal Procedure (CrPC), 1973:
⚖️ Section 399 CrPC – Sessions Judge’s Power of Revision
📜 Text of Section 399 CrPC:
399. Sessions Judge’s powers of revision.
(1) In the case of any proceeding the record of which has been called for by himself, the Sessions Judge may exercise all or any of the powers which may be exercised by the High Court under Section 401.(2) Where any proceeding by way of revision is commenced before a Sessions Judge under sub-section (1), the provisions of sub-sections (2), (3), (4), and (5) of Section 401 shall, so far as may be, apply to such proceedings and references in the said sub-sections to the High Court shall be construed as references to the Sessions Judge.
(3) Where any application for revision is made by or on behalf of any person before the Sessions Judge, no further application for revision shall be entertained by the High Court at the instance of the same person.
✅ Explanation:
🔹 Who has the power?
The Sessions Judge has revisional powers, just like the High Court, under certain conditions.
🔹 When does this apply?
When the Sessions Judge calls for the record of a case for revision on his own or based on an application.
🔹 What powers can the Sessions Judge exercise?
Same powers as the High Court under Section 401 CrPC:
Calling for records,
Examining the correctness, legality, or propriety of any finding, sentence, or order,
Making necessary corrections.
🔹 One revision only:
If a person files a revision before the Sessions Judge, they cannot approach the High Court again for revision of the same matter.
This is to prevent misuse and duplication of proceedings.
⚠️ Important Notes:
The Sessions Judge can refuse or allow revision depending on merit.
This section is a check-and-balance mechanism within the criminal justice system, giving supervisory power to the Sessions Court over Magistrates.
🧑⚖️ Example:
If a Magistrate acquits someone in a case and the complainant feels the decision was legally incorrect, they can apply for revision before the Sessions Judge. If the Sessions Judge accepts and hears the revision, the complainant cannot go to the High Court for another revision on the same issue.
Here is a clear explanation of Section 399 of the Code of Criminal Procedure (CrPC), 1973:
⚖️ Section 399 CrPC – Sessions Judge’s Power of Revision
📜 Text of Section 399 CrPC:
399. Sessions Judge’s powers of revision.
(1) In the case of any proceeding the record of which has been called for by himself, the Sessions Judge may exercise all or any of the powers which may be exercised by the High Court under Section 401.(2) Where any proceeding by way of revision is commenced before a Sessions Judge under sub-section (1), the provisions of sub-sections (2), (3), (4), and (5) of Section 401 shall, so far as may be, apply to such proceedings and references in the said sub-sections to the High Court shall be construed as references to the Sessions Judge.
(3) Where any application for revision is made by or on behalf of any person before the Sessions Judge, no further application for revision shall be entertained by the High Court at the instance of the same person.
✅ Explanation:
🔹 Who has the power?
The Sessions Judge has revisional powers, just like the High Court, under certain conditions.
🔹 When does this apply?
When the Sessions Judge calls for the record of a case for revision on his own or based on an application.
🔹 What powers can the Sessions Judge exercise?
Same powers as the High Court under Section 401 CrPC:
Calling for records,
Examining the correctness, legality, or propriety of any finding, sentence, or order,
Making necessary corrections.
🔹 One revision only:
If a person files a revision before the Sessions Judge, they cannot approach the High Court again for revision of the same matter.
This is to prevent misuse and duplication of proceedings.
⚠️ Important Notes:
The Sessions Judge can refuse or allow revision depending on merit.
This section is a check-and-balance mechanism within the criminal justice system, giving supervisory power to the Sessions Court over Magistrates.
🧑⚖️ Example:
If a Magistrate acquits someone in a case and the complainant feels the decision was legally incorrect, they can apply for revision before the Sessions Judge. If the Sessions Judge accepts and hears the revision, the complainant cannot go to the High Court for another revision on the same issue.
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