- Section 390 provides that when an appeal is presented against the acquittal of accused, the High Court may issue a warrant for the arrest of such accused.
- The provisions relating to the Appellate Courts powers to take further evidence is provided under section 391.
- Section 391 provides that in dealing with any appeal the Appellate Court, if it thinks that additional evidence is necessary, it shall record its reasons and either take such evidences itself, or direct it to be taken by a Magistrate. Such Magistrate will then certify such evidence to the Appellate Court, which shall proceed and dispose of the appeal.
- Under section 392 of Crpc, the procedure where the judges of court of appeal are equally divided, is prescribed.
- Abatement of appeals is provided under section 394 of Crpc.
- Provisions relating to Reference and Revision have been provided in chapter 30 (Sections 395-405).
- Section 395 talks about Reference to High Court.
- Section 395 provides that where any Court. Is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in any Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of the opinion that such Act, Ordinance or Regulation or provision is invalid or inoperative, but has not been so declared by the High Court or the Supreme Court, it shall refer the same for the decision of the High Court.
- Section 396 provides that when a decision taken by the High Court under section 395, it shall send a copy of such order to the court by which the reference was made, which shall dispose of the case conformably to the said order.
- The High Court or any Sessions Judge has the power to call for records to exercise powers of Revision. (Sec 397)
- Under section 398, the High Court or the Court of Sessions may direct the Chief Judicial Magistrate or any Magistrate subordinate to it to make further inquiry into any complaint which has been dismissed under section 203 or 204(4) or into a case of any person accused of an offence who has been discharged.
- Section 399 deals with the Sessions Judge’s powers of Revision.
- Section 399(3) provides that where any application for revision is made by or on behalf of any person before the Sessions Judge, the decision of the Sessions Judge thereof in relation to such person shall be final and no further proceedings by way of Revision at the instance of such person shall be entertained by the High Court.
- Section 400 provides that the Additional Sessions Judge shall have and exercise all the powers of a Sessions Judge in respect of any case transferred to him.
- In Harnam Singh vs State of HP, Justice Krishna Iyer made an observation, “that too many appeals and revisions are a bane of the Indian Judicial Ststem, involving as it does sterile expense and delay and fruitless chase of perfection.”
- An order of bail granted by a Magistrate is an interlocutory order for the purposes of Revisional powers of the High Court or a Sessions Court.
- Then the Sessions Judge or the High Court calls for to examine the record of any proceeding before any inferior criminal court, it is known as Revision.
- High Courts power of Revision is provided in section 401 of Crpc.
- The case of Deena vs Union of India relates to hanging as a mode of execution.
- While exercising the power of Revision under Crpc, the High Court cannot convert a finding of acquittal into one of conviction. (Sec 401(3))
- Section 401(4) provides that if an appeal lies by no appeal is brought then no proceeding by way of revision shall be entertained.
- Section 402 (1) provides that whenever one or more persons are convicted at the same trial make an application to a High Court for revision and any other person convicted at the same trial makes an application to the Sessions Judge for revision, the High Court shall decide which of the 2 courts will dispose of the applications of revisions.
- Section 402(4) provides that where an application for revision is transferred by the High Court to the Sessions Judge, no further application for revision shall lie to the High Court or to any other court at the instance of the person whose applications for revision has been disposed of by the Sessions Judge.
- Section 403 provides that the court exercising its power of Revision will not hear any party but, if it thinks fit, when exercising such powers, hear any party either personally or by pleader.
- Section 404 provides that when the record of any trial is called for by the High Court or Court of Sessions, the Magistrate may submit the record along with the grounds for such decision or order and the court shall consider such statements before overruling or setting aside the said decision or order.
- As per section 405, when a case is revised by the High Court or a Sessions Judge, it shall certify its decision to the court by which the finding, sentence or order revised was recorded or passed, and the court to which the decision or order is so certified shall thereupon make orders in conformity of the decision so certified.
- Provisions relating to Transfer of Criminal Cases are provided under chapter 31 (Sections 406-412)
- Power to Transfer cases by SC is provided under section 406.
- Power under sec 406 Crpc is similar to power under sec 25 of cpc.
- Application for transfer under section 406 is to be filed by either Attorney General of India or the party interested.
- Power to Transfer cases by High Court is provided under section 407.
- High Court may exercise this power under section 407 on its own or by application of party interested or by a report of lower court.
- Every application for the transfer of cases by the High Court shall be made by motion, except when the applicant is Advocate General of the State, supported by affidavit. (Sec 407(3))
- Section 408 of Crpc deals with the power of the Sessions judge to transfer the cases and appeals.
- The Sessions Judge may exercise the power under section 408 either on its own or on the report of the lower court or on the application of a party interested.
- Section 409 talks about withdrawal of cases and appeals by Sessions Judge.
- Section 410 talks about the withdrawal of cases by Judicial Magistrate.
- Provisions relating to making over or withdrawal of cases by Executive Magistrate are provided in section 411.
