Criminal procedure | Legal reference

Section 397 CrPC: Calling for Records to Exercise Powers of Revision

An explanation of criminal revision, the authority of the High Court and Sessions Judge, the bar on interlocutory orders and the corresponding Section 438 BNSS.

Current legal position: The BNSS has applied from 1 July 2024, subject to statutory saving and transition rules. Section 397 CrPC remains important for legacy proceedings and legal research.

Meaning and scope of revisional jurisdiction

Section 397 of the Code of Criminal Procedure, 1973 (CrPC) authorises the High Court or a Sessions Judge to obtain and examine the record of a proceeding before an inferior criminal court within its local jurisdiction. The purpose is to assess the correctness, legality or propriety of a finding, sentence or order, and the regularity of the proceedings. This is supervisory revisional jurisdiction, not a routine second appeal.

For proceedings governed by the new criminal procedure law, the corresponding provision is Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The BNSS came into force on 1 July 2024. The applicable procedural statute for a particular case depends on its procedural history and the saving provisions in Section 531 BNSS.

Section 397 CrPC: statutory provision

Sub-section (1): power to call for records

The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.

Explanation: All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section and of Section 398.

Sub-section (2): interlocutory orders

The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.

Sub-section (3): choice of revisional forum

If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.

How the provision operates

Identify a revisable order: consider whether the order is interlocutory or has a more substantial effect on the proceeding.
Choose the forum: approach the competent Sessions Judge or High Court, as applicable; the same applicant cannot make a second revision application to the other forum under Section 397.
Examination of records: the revisional court may call for the subordinate court record and scrutinise legality, propriety, correctness and procedural regularity.
Interim protection: while calling for records, the court may suspend execution of the sentence or order and may order release on bail or bond in the circumstances specified by law.
Further orders: the extent and manner of exercising revisional powers are governed by related provisions, including Sections 398 to 401 CrPC, or the corresponding BNSS provisions where applicable.

Important limitations

Interlocutory-order bar: the prohibition is directed at interlocutory orders. Whether an order is interlocutory requires examining its substance and legal effect. Not every order passed during a pending trial is necessarily interlocutory.

No parallel second revision: the same applicant cannot seek revision before the Sessions Judge and then, under this section, make another revision application to the High Court, or vice versa. Other remedies, where legally maintainable, are distinct and subject to their own requirements.

Discretionary relief: calling for records does not automatically suspend a sentence or entitle an accused to bail. Those directions require an appropriate judicial order.

Current law: Section 438 BNSS

Section 438 BNSS carries forward the framework for calling for records to exercise revisional powers. Readers should consult the current enacted text and relevant judicial decisions before relying on the provision in litigation. For proceedings pending before 1 July 2024, the transition must be considered under Section 531 BNSS.

Section 398 CrPC concerns the power to order inquiry, while Section 399 CrPC addresses Sessions Judge's powers of revision and Section 400 CrPC addresses the Additional Sessions Judge. These provisions should be read together with Section 397.

India Code - official repository of central legislation (search for the Code of Criminal Procedure, 1973 and the Bharatiya Nagarik Suraksha Sanhita, 2023).
Ministry of Home Affairs - official legislative and notification information.
CrPC sections and criminal procedure guide.

Frequently asked questions

What is Section 397 CrPC?

It empowers the High Court or Sessions Judge to call for and examine records of inferior criminal courts to assess correctness, legality, propriety and procedural regularity.

What is the corresponding BNSS provision?

Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 concerns calling for records to exercise powers of revision.

Can a purely interlocutory order be revised?

No. Section 397(2) CrPC bars revision of interlocutory orders. The nature of the order, rather than its label alone, is important.

Can the same person file revision before both forums?

No. Under Section 397(3), after applying to either the High Court or Sessions Judge, the same person cannot file a further application under that section before the other forum.