Section 401 of CrPC : Section 401: High Court's powers of revision.

Explanation using Example

Example 1:

Scenario: Rajesh was acquitted by the Sessions Court in a case of alleged theft. The complainant, Mr. Sharma, believes that the acquittal was due to a misinterpretation of evidence and wants to challenge the decision.

Application of Section 401:

• Mr. Sharma approaches the High Court for a revision of the Sessions Court's decision.
• The High Court reviews the record of the case and decides to exercise its powers of revision.
• The High Court ensures that Rajesh is given an opportunity to be heard in his defense.
• The High Court finds that the Sessions Court's decision was indeed based on a misinterpretation of evidence and orders a retrial.
• However, the High Court cannot convert Rajesh's acquittal into a conviction directly; it can only order a retrial or other appropriate measures.

Example 2:

Scenario: Priya was convicted by the Magistrate Court for a minor offense and sentenced to a fine. She believes the conviction was unjust but missed the deadline to file an appeal.

Application of Section 401:

• Priya files an application for revision with the High Court, believing that no appeal lies in her case.
• The High Court reviews her application and realizes that she could have filed an appeal but did not do...

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