1.
Introduction
Under
Criminal Procedure Code, right of appeal or review is not available in every
case. In fact, rights of appeal and review have been confined to those cases,
which have been specifically provided by law with the passage of time;
legislature had realized that there could be miscarriage of justice in those
cases where right of appeal or review has not been provided. In order to avoid
such miscarriage of justice in these cases, Criminal Procedure Code has
initially provided powers of revision to High Court, and later on these powers
have also been granted to session judge through amendment to this code.
2.
Relevant Provisions
Section
No. 115, 439-A, 439, 423, 426, 427, 428 and 338 of Cr.P.C.
3. Powers of Session Judge in case of Revision
According
to Criminal Procedure Code, following points are important for explanation of
powers of session judge in case of Revision
i.
Revisional Powers of Session Judge
In
any proceeding before magistrate, session judge can exercise those powers of
revision, which have been conferred on High Court especially when session Judge
has called for record of such proceeding or when such proceeding comes to his
knowledge.
ii.
Powers of Appellate Court in Disposing of Appeal
Session
Judge can exercise powers of appellate court in disposing of appeal when he exercises
powers of revision.
iii.
Suspension of Sentence or Order
When
session judge exercises powers of revisions, he can suspend execution of
sentence or order. Even if accused is in confinement, he can be released on
bail or on his own bond.
iv.
Revision Against Acquittal
In
revision against order of acquittal, session judge can issue warrant for
direction that accused should be arrested and brought before it or any
subordinate court. After bringing of accused before it, session judge can
commit him to prison or can admit him to bail.
v.
Further Evidence
In
exercise of revisional powers, session judge can take further evidence or can
direct for taking of further evidence.
vi.
Power to grant or tender Pardon
Session
judge can exercise power to grant or tender pardon when he exercises powers of
revision.
vii.
Enhancement of Sentence
In
exercise of powers of revision, session judge can enhance sentence.
viii.
Restrictions on Revisional Powers of Session Judge
Following
are the Restrictions
a.
Hearing of Accused
Session
judge should not make any order through exercise of his revisional powers
unless accused has not been heard personally or by pleader in his own defense.
b.
Greater Punishment
If
session judge exercise revisional powers against that sentence, which
magistrate has passed, session judge should not inflict that punishment, which
may be greater than that punishment which magistrate of first class might have
inflicted.
c.
Conversion of Acquittal into Conviction
Session
judge cannot exercise powers of revision to convert finding of acquittal into
that of conviction.
Conclusion
To
conclude, it can be stated that basic object, which works behind granting of
powers of revision, is to empower High Court or session judge to exercise
powers of an appellant court to prevent failure of justice especially in those
cases where no appeal is provided. However, powers of revision should be
exercised only in those exceptional cases where there has been miscarriage of
justice due to defect in procedure, manifest error on point of law, excess of
jurisdiction or abuse of power.
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