Criminal Procedure | Revisional Jurisdiction

Section 399 CrPC: Sessions Judge's Powers of Revision

Section 399 of the Code of Criminal Procedure, 1973 explains the revisional powers of a Sessions Judge, the safeguards governing their exercise, and the finality of a revision decision. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 440 BNSS.

Current law: The BNSS generally came into force on 1 July 2024. Section 531 contains repeal and savings rules, including for proceedings pending at commencement. The applicable statute depends on the case and its procedural history.

What does Section 399 CrPC mean?

A Sessions Judge can review certain orders and proceedings of subordinate criminal courts in exercise of revisional jurisdiction. Revision is intended to correct jurisdictional, legal, procedural or material irregularities; it is not ordinarily a substitute for an appeal or a full rehearing of the evidence.

Section 399 CrPC - Statutory text

(1) In the case of any proceeding the record of which has been called for by himself, the Sessions Judge may exercise all or any of the powers which may be exercised by the High Court under sub-section (1) of section 401.

(2) Where any proceeding by way of revision is commenced before a Sessions Judge under sub-section (1), the provisions of sub-sections (2), (3), (4) and (5) of section 401 shall, so far as may be, apply to such proceeding and references in the said sub-sections to the High Court shall be construed as references to the Sessions Judge.

(3) Where any application for revision is made by or on behalf of any person before the Sessions Judge, the decision of the Sessions Judge thereon in relation to such person shall be final and no further proceeding by way of revision at the instance of such person shall be entertained by the High Court or any other Court.

Explanation of the three subsections

Subsection (1): Powers of the Sessions Judge

After calling for the record of a proceeding, the Sessions Judge may exercise the revisional powers available to the High Court under Section 401(1) CrPC, subject to the statutory conditions and limits. The record-calling power is set out in Section 397 CrPC.

Subsection (2): Procedural safeguards

The safeguards and restrictions in Section 401(2) to (5) apply, so far as appropriate. These include an opportunity of hearing before an adverse order, limits on converting acquittal into conviction, and rules concerning matters for which an appeal is available.

Subsection (3): No second revision by the same person

Where a person has filed a revision before the Sessions Judge, the decision is final for that person in revisional proceedings. The same person cannot seek a second revision before the High Court or another court. This statutory restriction should be distinguished from the High Court's separate constitutional jurisdiction, which is exceptional and not an automatic second revision.

Section 440 BNSS, 2023 - Current corresponding provision

Section 440 of the Bharatiya Nagarik Suraksha Sanhita, 2023 addresses the Sessions Judge's powers of revision. It should be read together with Section 438 BNSS (calling for records), Section 439 BNSS (power to order inquiry) and Section 442 BNSS (High Court's powers of revision).

For matters governed by the BNSS, use the BNSS section numbering. For older proceedings saved under Section 531 BNSS, the relevant CrPC provisions may continue to govern.

Important limits on revision

Interlocutory orders: Revision against purely interlocutory orders is restricted under Section 397(2) CrPC and the corresponding BNSS provision.
Choice of forum: A person ordinarily cannot pursue the same revision first before the Sessions Judge and then before the High Court.
Opportunity to be heard: A prejudicial order should not be passed without observing the applicable hearing safeguard.
Appeal and revision differ: Revision is supervisory and has narrower scope than a statutory appeal.

Practical example

Suppose a Magistrate passes an order alleged to contain a material legal error. An eligible party may invoke revisional jurisdiction before the Sessions Judge, subject to maintainability and statutory restrictions. If that person chooses the Sessions Judge and the revision is decided, Section 399(3) bars a further revision at that person's instance before the High Court.

Frequently asked questions

Can a Sessions Judge revise a Magistrate's order?

Yes, where the law permits revision and the order is not excluded by a statutory restriction, such as the bar concerning interlocutory orders.

Can the same party file a second revision before the High Court?

No. Section 399(3) CrPC prohibits a further revision at that person's instance after a revision application has been decided by the Sessions Judge.

Which provision replaces Section 399 CrPC?

The corresponding provision is Section 440 BNSS, 2023. The governing law in a particular case also depends on the repeal and savings provisions.

Official legal sources

Consult the official India Code repository for the Code of Criminal Procedure, 1973 and the Bharatiya Nagarik Suraksha Sanhita, 2023. The Ministry of Home Affairs also publishes information about the new criminal laws.

This article provides general legal information. The applicable provisions, maintainability and available remedies depend on the facts and procedural stage of each case.