CrPC Section 401
Section 401 of the Criminal Procedure Code (CrPC), 1973 (India):
⚖️ Section 401 CrPC — High Court’s Powers of Revision
📜 Text (Summary):
Section 401 grants the High Court the power to call for and examine the record of any proceeding before any inferior criminal court (other than a High Court) to ensure:
The correctness,
Legality, or
Propriety of any finding, sentence, or order, and
The regularity of the proceedings.
🔍 Key Points:
Who can exercise this power?
Only the High Court.
What can be revised?
Any finding, sentence, or order passed by a lower criminal court.
The entire proceeding can be reviewed for legality or irregularity.
When can revision be exercised?
Suo motu (on its own), or
On an application by an aggrieved party.
Limitations / Exceptions:
If the party could have appealed but did not, the High Court generally won’t entertain revision (unless justice demands).
The High Court cannot convert acquittal into conviction in revision (must order a retrial or appeal if needed).
Powers available under revision:
Reverse or modify the decision.
Order a retrial or fresh inquiry.
Pass any order that a court of appeal can pass under Sections 386–389.
Subsection (3):
A person cannot file a revision application to both the Sessions Court and the High Court.
If one forum has been approached, the other cannot be approached for the same matter.
🧑⚖️ Purpose of Section 401:
To act as a supervisory and corrective mechanism.
Ensure fairness and legality in decisions of subordinate courts.
Act where there’s gross miscarriage of justice but no right to appeal exists.
📝 Case Example:
If a magistrate passes an illegal or unjust order (e.g. refusing to examine key evidence), and there is no direct appeal available, an aggrieved party may approach the High Court under Section 401 to revise that order.
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