Section 402Power of High Court to withdraw or transfer revision cases
402
402
Power of High Court to withdraw or transfer revision cases
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 ProcedureHigh CourtRevisionCase Transfer
🗣️ Simple Explanation
What does this law say? Section 402 of the CrPC explains how the High Court can move revision cases between itself and the Sessions Judge. If multiple people are involved in the same case, the High Court decides which court will handle the revision.
Why does this law exist? This law ensures that revision cases are handled efficiently. It prevents confusion and delays. It also ensures that the most appropriate court deals with the case.
Real-life impact If you are part of a case with multiple people, the High Court might decide where the revision will happen. This helps streamline the process. It makes sure the right court reviews the case.
What happens if you break this law? This section itself doesn't define a crime. It deals with the transfer of cases. It doesn't have a specific punishment.
💡 Real Life Example

Amit and Sneha were convicted in the same case. Amit appeals to the High Court, Sneha to the Sessions Judge. The High Court decides which court will hear the revision. The court's decision will determine where the case is heard.
Several people involved in a fraud case file for revision. The High Court decides if it or the Sessions Judge will handle the revisions. This ensures a fair and efficient process for all involved.

🛡️ KNOW YOUR RIGHTS
  • Understand that the High Court can decide where your revision case is heard.
  • Know that the High Court considers convenience and importance.
  • Be aware that the High Court can transfer cases.
  • If your case is transferred, follow the new court's procedures.
FREQUENTLY ASKED QUESTIONS
Section 402 of the CrPC deals with transferring revision cases. It allows the High Court to decide which court will handle a revision. This is especially important when multiple people are involved in the same case. The High Court considers factors like convenience. It ensures the right court reviews the case efficiently.
Section 402 itself doesn't have a punishment. It is about the process of transferring cases. The punishment depends on the original case. The High Court's decision on where the case is heard doesn't change the potential punishment. This section is about the process of review.
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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