What Is Revision Under Section 397 Of CRPC And Its Limitation

Written by:

Adv Samman Singh

Updated: 28-03-2024

limitation for revision under section 397 of crpc

The revisional abilities are vast, although they are limited in certain ways. As an example,

Revision requests from the party who may have appealed are typically not entertained in cases where an appeal is present but not filed;
Regarding any interlocutory order made during an appeal, investigation, or trial, revisional rights are not applicable;
A party may only file one application for revision, either with the high court or the court of session; once filed, the party may not file another application with the same court.
A court using its revisional powers may not change an acquittal decision to a conviction decision.

crpc 397 latest Judgments

In the State of Rajasthan v. Fatehkaran Mendu (2017) case, as to the ruling of the Apex court, the purpose of this clause was to rectify any patent fault, error of jurisdiction or law, or perversity that may have slipped in during the proceedings. These laws give the High Court the power to hear a revision petition on its own initiative, sometimes referred to as Suo moto, or on the petition of the party that has been wronged.
In the State of Gujarat v Afroz Mohammed Hasanfatta (2019) case, the Chief Judicial Magistrate had issued an order to issue the suspect with legal proceedings after receiving notice of the criminal offenses based on the police's second supplementary charge sheet. However, the High Court of Gujarat overturned this decision. The High Court should ideally not have entered into the specifics of the case when the case still lies in its early stages, as stated by the judge bench made up of R. Banumathi and Indira Banerjee. As per the Supreme Court, the hearing a revision under under Section 397 CrPC by the High Court does not function as an appellate court and is not actually authorized to consider the evidence unless the lower court's ruling stands to be incorrect.

The revisional court does not, however, linger too long on the case's facts and evidence; rather, it uses the information to confirm to itself that the conclusions, sentence, and order are appropriate and constitutional, without changing its own conclusion that was reached after a thorough review of the available evidence.

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