Section 399 of CrPC : Section 399: Sessions Judge'S Powers Of Revision

Explanation using Example

Imagine a scenario where Mr. A has been convicted by a Magistrate for a minor theft and sentenced to six months in prison. Mr. A believes the conviction is unfair and that there were errors in the application of law during his trial. He decides to apply for revision of the judgment. Instead of directly approaching the High Court, Mr. A files a revision application with the Sessions Court, as it is closer to his residence and may be less intimidating and costly for him.

The Sessions Judge, upon receiving Mr. A's application, calls for the records of the trial court proceedings. After reviewing the records, the Sessions Judge decides to exercise his powers similar to those of the High Court under section 401(1) of the Code of Criminal Procedure, 1973. These powers could include altering the sentence, ordering a retrial, or even acquitting Mr. A if the judge finds that there were indeed significant legal errors in the original trial.

During the revision process, the Sessions Judge follows the same procedural guidelines that the High Court would follow under section 401(2)-(5), ensuring that the revision is conducted with the same level of thoroughness and care as it would be at the High Court.

In the end, the Sessions Judge makes a decision on Mr. A's revision application. If the decision is in favor of Mr. A, the conviction could be set aside or the sentence reduced. However, if the decision is not in Mr. A's favor, it is final for him in terms of revision. Mr. A cannot further seek revision of this decision before the High Court or any other Court, as per section 399(3) of the Code of Criminal Procedure, 1973.