CrPC Section 401 — High Court's powers of revision

Summary

Sub-section (1) allows the High Court, at its discretion, to exercise the powers given to a Court of Appeal under sections 386, 389, 390 and 391, or to a Court of Session under section 307. It may do this in a proceeding whose record it has called for or which otherwise comes to its knowledge. If the judges of the Court of Revision are equally divided in opinion, the case must be disposed of as provided in section 392.

Sub-section (2) says that no order under this section may be made to the prejudice of the accused or another person unless that person has had an opportunity to be heard in their own defence, either personally or through a pleader.

Sub-section (3) says that this section does not authorise the High Court to convert a finding of acquittal into a conviction.

Sub-section (4) says that where an appeal is available under the Code but is not brought, revision proceedings cannot be entertained at the request of the party who could have appealed.

Sub-section (5) applies where an appeal is available under the Code but a person has applied to the High Court for revision. If the High Court is satisfied that the application was made under the mistaken belief that no appeal was available and that it is necessary in the interests of justice to do so, it may treat the revision application as an appeal petition and deal with it accordingly.

Official Text

(1) In the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 386, 389, 390 and 391 or on a Court of Session by section 307, and, when the Judges composing the Court of Revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 392.

(2) No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by pleader in his own defence.

(3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one conviction.

(4) Where under this Code an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed.

(5) Where under this Code an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of Justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly.

Sections referred to

• CrPC §307 — Power to direct tender of pardon
• CrPC §386 — Powers of the Appellate Court
• CrPC §389 — Suspension of sentence pending the appeal; release of appellant on bail
• CrPC §390 — Arrest of accused in appeal from acquittal
• CrPC §391 — Appellate Court may take further evidence or direct it to be taken
• CrPC §392 — Procedure where Judges of Court of Appeal are equally divided

Referred to by

• CrPC §320 — Compounding of offences
• CrPC §399 — Sessions Judge's powers of revision

Related Judgments

• SACHIN vs STATE OF MAHARASHTRA — Supreme Court of India (2025)
• MAHABIR & ORS. vs STATE OF HARYANA — Supreme Court of India (2025)
• PRITHIPAL SINGH ETC vs STATE OF PUNJAB & ANR. ETC — Supreme Court of India (2011)
• HONNAIAH T.H. vs STATE OF KARNATAKA AND OTHERS — Supreme Court of India (2022)
• SUDERSHAN SINGH WAZIR vs STATE (NCT OF DELHI) & ORS — Supreme Court of India (2025)
• Represented by: Mr. Arvind Nigam and Mr. Atul; Nanda, Senior Advocate vs CENTRAL BUREAU OF INVESTIGATION — Delhi High Court (2015)

Old <-> New Code Mapping

• BNSS §442 — High Court's powers of revision