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.
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.