Section 397 CrPC — Calling for records to exercise powers of revision

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Section 397 — Calling for records to exercise powers of revision

397

Calling for records to exercise powers of revision

Code of Criminal Procedure, 1973

Chapter XXX Reference and Revision

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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years

📅 Updated 2026-04-10📚 Source: The Gazette of India

Court ReviewAppealsLegal Rights

🗣️ Simple Explanation

What does this law say? Section 397 of the CrPC allows the High Court or Sessions Judge to review the records of lower criminal courts. They can check if the lower court's decisions were correct and legal.

Why does this law exist? This law ensures that lower courts follow the law correctly. It helps to correct any mistakes and maintain fairness in the justice system.

Real-life impact If a lower court makes a mistake, the High Court or Sessions Judge can fix it. This protects people from unfair judgments. It ensures that the legal process is followed properly.

What happens if you break this law? This section deals with court procedure, not breaking the law. It is about how higher courts can review the decisions of lower courts.

💡 Real Life Example

Rahul is wrongly convicted by a lower court in a theft case. The Sessions Judge reviews the case records and finds errors. The Judge can then change the sentence or order a retrial. This ensures Rahul gets a fair chance. Sneha is arrested for a minor offense, and the lower court gives a harsh sentence. The High Court reviews the case and reduces the sentence. This ensures justice is served.

🛡️ KNOW YOUR RIGHTS

•Know that higher courts can review lower court decisions.
•Understand that you can appeal to a higher court.
•Seek legal help if you believe a court made a mistake.
•Ensure the court follows proper legal procedures.

❓ FREQUENTLY ASKED QUESTIONS

Section 397 of the CrPC allows the High Court or Sessions Judge to review the records of lower criminal courts. They can check if the lower court's decisions were correct and legal. This helps to correct any mistakes and maintain fairness in the justice system. It ensures that the legal process is followed properly.

There is no specific time limit mentioned in Section 397 for filing a revision. However, it's important to file a revision petition as soon as possible after the lower court's order. Delay can sometimes affect the chances of the revision being accepted.

Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Code of Criminal Procedure, 1973

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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