Section 397 of CrPC : Section 397: Calling For Records To Exercise Powers Of Revision

Explanation using Example

Imagine a scenario where an individual, Mr. Sharma, was convicted by a District Court for a financial fraud. Mr. Sharma believes that the trial was not conducted fairly and that there were legal errors in the judgment. He approaches the Sessions Judge with a plea to examine the record of the proceedings of the District Court. The Sessions Judge, using the powers granted under Section 397(1) of The Code of Criminal Procedure, 1973, calls for the records of the case to review the correctness and legality of the findings and the sentence passed by the District Court.

While the examination of the record is underway, the Sessions Judge also orders the suspension of the execution of Mr. Sharma's sentence and grants him bail, ensuring that he is not confined during this period. This is an application of the provision that allows the Sessions Judge to suspend the execution of the sentence pending the examination.

However, as the review progresses, Mr. Sharma's lawyer realizes that there was an interlocutory order passed during the trial that might have affected the outcome. They consider challenging this order as well, but Section 397(2) clarifies that the revision powers do not extend to interlocutory orders, and thus they cannot be reviewed under this application.

Additionally, Mr. Sharma contemplates approaching the High Court as well to ensure a thorough review. However, Section 397(3) states that since he has already applied to the Sessions Judge, he cannot make another application regarding the same matter to the High Court.