CrPC Section 399 – Sessions Judge’s Powers Of Revision

Section 399 of the CrPC grants Session Judges the power to revise orders passed by Magistrate's Courts, ensuring judicial accountability and correcting errors. This provision plays a crucial role in the Indian judicial system by providing an avenue for review before matters reach the High Court.

Legal Provision: CrPC Section 399

The text of Section 399 of the CrPC is as follows:

“Sessions Judge’s powers of revision.—

(1) In the case of any proceeding the record of which has been called for by himself or which otherwise comes to his knowledge, the Sessions Judge may exercise all or any of the powers which may be exercised by the High Court under sub-section (1) of 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) If an application under this section has been made either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.”

Understanding The Scope Of Section 399

The scope of Section 399 is as follows -

Power Of Revision By The Sessions Judge

Under Section 399(1), the Sessions Judge has the power to call for records of any case and review the correctness, legality, or propriety of any finding, sentence, or order passed by a Magistrate’s Court. This means that if a party believes that an error has been committed by a subordinate court, they can file a revision application before the Sessions Judge for reconsideration.

Sessions Judge’s Powers Similar To The High Court

Section 399 empowers the Sessions Judge to exercise the same revisional powers as the High Court under Section 401 of the CrPC. The judge can modify, reverse, or uphold the order passed by the lower court after thoroughly examining the records of the case. However, unlike an appellate court, the Sessions Judge does not re-evaluate the evidence but only reviews the correctness and legality of the judgment.

Procedure And Limitations

Sub-section (2) ensures that the procedure followed by the Sessions Judge in a revision petition is the same as that followed by the High Court under Section 401. This maintains uniformity in the revisionary process at different judicial levels.

Sub-section (3) imposes a bar on multiple revision petitions. Once a party has filed a revision petition either before the Sessions Judge or the High Court, they cannot approach the other for the same relief. This provision prevents forum shopping, ensuring judicial discipline and efficiency.

Procedure For Filing A Revision Under Section 399

The process for seeking a revision before a Sessions Judge is structured to ensure proper scrutiny of judicial errors -

Grounds For Filing A Revision Petition

A revision petition can be filed under Section 399 if there is an alleged -

• Jurisdictional error – The lower court exceeded its legal authority.

• Misinterpretation of law – The judgment is based on an incorrect application of legal provisions.

• Procedural irregularity – The court did not follow the correct legal procedures.

• Injustice due to an incorrect order – If an order causes significant harm due to an apparent mistake in judgment.

Filing The Revision Petition

The aggrieved party must draft a revision petition, clearly stating the errors in the lower court’s order. The petition must include certified copies of relevant documents, including the original judgment and order of the lower court. The revision application is filed in the Sessions Court that has jurisdiction over the matter.

Court’s Discretion In Entertaining The Petition

The Sessions Judge reviews the petition to determine whether a prima facie case for revision exists. If satisfied, the judge calls for the records of the case from the lower court. The judge may hear both parties before passing an order.

Possible Outcomes Of A Revision Petition

Upon hearing the case, the Sessions Judge may -

• Uphold the original order if no errors are found.

• Modify the order if there is a legal flaw that needs correction.

• Set aside the order if it is found to be unjust or erroneous.

• Remand the case back to the lower court for re-trial if necessary.

Significance Of Section 399

The significance of Section 399 is as follows -

Ensures Judicial Accountability

By granting the Sessions Judge the power to review decisions of Magistrate’s Courts, Section 399 helps maintain judicial accountability and prevents miscarriages of justice at the lower levels of the judiciary.

Provides An Alternative To High Court Revision

Section 399 allows aggrieved parties to seek relief from the Sessions Judge instead of directly approaching the High Court. This reduces the burden on higher courts and ensures quicker redressal of grievances.

Corrects Legal And Procedural Errors

Revision powers help rectify errors in judgment, procedural irregularities, and misinterpretations of law that could otherwise lead to wrongful conviction or injustice.

Prevents Unnecessary Appeals

By allowing corrections at an intermediate stage, Section 399 helps prevent unnecessary appeals to higher courts, saving time and legal resources.

Safeguards Against Arbitrary Orders

If a lower court passes an order that is unfair or contrary to legal principles, Section 399 provides an effective safeguard, ensuring that justice is upheld.

Limitations Of Section 399

Despite its advantages, there are certain limitations to the Sessions Judge’s power of revision -

• No Re-Evaluation of Evidence - The Sessions Judge cannot re-examine or re-interpret evidence as done in an appeal. Revision is limited to reviewing legal errors, procedural mistakes, or jurisdictional issues.

• Cannot Convert Acquittal into Conviction - Unlike an appellate court, a Sessions Judge cannot directly convict an accused who has been acquitted by the lower court. If needed, the High Court must be approached for such matters.

• Limited to Errors Apparent on Record - The revisionary power is restricted to apparent mistakes and does not allow detailed fact-finding inquiries.

• One-Time Revision Only - Once a revision application is filed before the Sessions Judge or the High Court, the same party cannot file another revision in the other court (as per Section 399(3)).

Conclusion

CrPC Section 399 serves as an important tool for ensuring fairness, legality, and judicial accountability within the criminal justice system. By granting Sessions Judges the power to review and correct errors in decisions made by Magistrate’s Courts, this provision helps in preventing injustice and promoting efficiency.

However, it must be noted that revision is not a substitute for an appeal, and its scope is limited to correcting jurisdictional and procedural errors rather than conducting a fresh trial. Nonetheless, when applied effectively, Section 399 upholds the principles of justice and prevents lower courts from making unchecked errors.

FAQs

A few FAQs based on Section 399 of the CrPC are:

Q1. Who can file a revision petition under Section 399?

Any party aggrieved by an order of a Magistrate's Court can file a revision petition before the Sessions Judge. This includes both the prosecution and the defense.

Q2. What are the grounds for filing a revision petition?

Grounds include jurisdictional errors, misinterpretation of law, procedural irregularities, and injustice due to an incorrect order. The focus is on errors in the decision-making process.

Q3. Where is a revision petition filed under Section 399?

The petition is filed in the Sessions Court that has jurisdiction over the Magistrate's Court that passed the original order. Proper jurisdiction is essential.