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 so within the stipulated time.
• The High Court, in the interest of justice, decides to treat her revision application as an appeal.
• The High Court then proceeds to hear the case as if it were an appeal, giving Priya a chance to present her arguments.
• After reviewing the case, the High Court finds that the Magistrate Court's decision was flawed and overturns Priya's conviction.

Example 3:

Scenario: A Sessions Court judge is equally divided in opinion on a case involving two accused, Anil and Sunil, who were charged with fraud. One judge believes they should be acquitted, while the other believes they should be convicted.

Application of Section 401:

• The case is referred to the High Court for revision due to the divided opinion.
• The High Court reviews the case and exercises its powers to resolve the deadlock.
• The High Court decides to follow the procedure outlined in Section 392, which involves referring the case to a third judge.
• The third judge reviews the case and provides a decisive opinion, which is then followed to conclude the case.
• Throughout the process, both Anil and Sunil are given opportunities to be heard in their defense.

Example 4:

Scenario: Ravi, a businessman, was convicted by the Sessions Court for tax evasion. He believes the conviction was based on incorrect interpretation of tax laws. He files a revision application with the High Court.

Application of Section 401:

• The High Court reviews Ravi's application and the record of the case.
• The High Court finds that Ravi's conviction was indeed based on a misinterpretation of tax laws.
• The High Court decides to exercise its powers of revision and orders a retrial.
• Ravi is given an opportunity to be heard in his defense during the retrial.
• The High Court ensures that the retrial is conducted fairly and in accordance with the correct interpretation of tax laws.