Code of Criminal Procedure, 1973 · Chapter XXX: Reference and Revision
Section 397: Calling for records to exercise powers of revision
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
(1) 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; 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.
(2) 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.
(3) 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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 397
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Asian Paints Limited v. Ram Babu & Another
Whether the appellant-company falls under the definition of ‘victim’ in terms of s.2(wa) r/w the proviso to s.372, CrPC or whether s.378, CrPC would prevail in the facts and circumstances; whether an appeal under the…
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Directorate of Revenue Intelligence v. Raj Kumar Arora & Ors.
Issue arose whether an offence u/s.8(c) of the NDPS Act could be said to have been made out when an accused “deals with” psychotropic substances mentioned in the Schedule to the NDPS Act but not figuring in Schedule I…
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Anti Corruption Chennai City-I Department v. G. Easwaran
The High Court quashed the criminal proceedings against the respondent u/s.13(2) r/w. s.13(1)(e) of the Prevention of Corruption Act, 1988 for possessing assets disproportionate to known sources of income while…
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Yadwinder Singh v. Lakhi Alias Lakhwinder Singh & Anr. Etc.
Whether the High Court was justified in setting aside the order of the Trial Court issuing summons u/s.319, CrPC against the private respondents.
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Jamin & Anr. v. State of Uttar Pradesh & Anr.
(i) Whether the High Court was right in exercising its revisional jurisdiction for the purpose of setting aside the order of the Trial Court rejecting the second application preferred by the respondent no.2 u/s.319 of…
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Sudershan Singh Wazir v. State (NCT of Delhi) & Ors.
Issue arose as regards the correctness of orders passed by the High Court staying the discharge of the accused and directing him to surrender before the trial court.
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Mahabir & Ors. v. State of Haryana
Whether the High Court committed any error in passing the impugned judgment and order of conviction in exercise of its revisional jurisdiction u/s.401 r/w. s.397 of the CrPC; Whether Proviso to s.372 of CrPC creates a…
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K. Vadivel v. K. Shanthi & Ors.
Under what circumstances could the power be invoked for further investigation and whether on the facts, further investigation was warranted.
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K. Ravi v. State of Tamil Nadu & Anr.
Matter pertains to the right of the accused to file a fresh application u/s.216 Cr.P.C. seeking his discharge after the charge is framed by the court, more particularly when his application seeking discharge u/s.227…
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Shiv Pratap Singh Rana v. State of Madhya Pradesh & Anr.
The prosecutrix had lodged an FIR u/s. 376(2)(n) and s.506 of IPC on 06.09.2018 against the appellant. The charges u/s. 376(2) (n) and s.506 of IPC were framed against the appellant and the application for discharge…
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Vipin Sahni and Another v. Central Bureau of Investigation
Whether it is open for High Court to convert or treat a petition filed under section 482 Cr.P.C., as one filed under section 397 Cr.P.C.
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High Court Bar Association, Allahabad v. State of U.P. & Ors.
What is the object behind passing interim orders; Whether the High Courts are empowered to vacate or modify interim relief; Whether an interim order can come to an end automatically only due to the lapse of time; What…
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State of Gujarat v. Dilipsinh Kishorsinh Rao
Whether the High Court was justified in allowing the application for discharge filed by the accus ed; and as such whether the order of the sanctioning authority is liable to be set aside and consequently, the…
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- P. Dharamaraj v. Shanmugam & Ors.
- Pushpendra Kumar Sinha v. State of Jharkhand
- Manendra Prasad Tiwari v. Amit Kumar Tiwari & Anr.
- Honnaiah T.H. v. State of Karnataka and Others
- Tedhi Singh v. Narayan Dass Mahant
- Amritlal v. Shantilal Soni & Ors.
- Joseph Stephen and Others v. Santhanasamy and Others
- The State of Kerala v. K. Ajith & Ors.
- Gautam Navlakha v. National Investigation Agency
- Sanjay Kumar Rai v. State of Uttar Pradesh & Anr.
- Sanjai Tiwari v. The State of Uttar Pradesh & Anr.
- Addissery Raghavan v. Cheruvalath Krishnadasan
- Krishnaveni Rai v. Pankaj Rai & Anr.
- Hooghly Mills Company Ltd. v. The State of West Bengal and Anr.
- The State of Madhya Pradesh v. Deepak
- State of Gujarat v. Afroz Mohammed Hasanfatta
- Chander Bhan Singh v. Central Bureau of Investigation and Others
- Kishan Rao v. Shankargouda
- Asian Resurfacing of Road Agency Pvt. Ltd. & Anr.V. Central Bureau of Investigation v. Central Bureau of Investigation
- Rajendra Rajoriya v. Jagat Narain Thapak and Another
- Rambeer Shokeen v. State of NCT of Delhi
- Girlsh Kumar Suneja v. C.B.L.
- Gandi Doddabasappa @ Gandhi Basavaraj v. State of Karnataka
- State of Rajasthan v. Fatehkaran Mehdu
- Imtiyaz Ahmad v. State of U.P. & Ors.
- Prabhu Chawla v. State of Rajasthan & Anr.
- State Through Cbl/Acb, Hyderabad A.P. v. Dharmana Prased Rao
- Branch C.1.0., Tirunelveli Range, Tamilnadu v. Mariyaantonvijay
- Devi Das Ramachandra Tuljapurkar v. State of Maharashtra& Ors.
- Ms.S v. Sunil Kumar & Anr.
- Vivek Rai & Anr. v. High Court of Jharkhand Through Registrar General & Ors.
- Sanjaysinh Ramrao Chavan v. Dattatray Gulabrao Phalke and Others
- State Tr. Insp. of Police v. A. Arun Kumar & Anr.
- Hindustan Petroleum Corporation Ltd. v. Dilbahar Singh
- Suryakant Dadasaheb Bitale v. Dilip Bajrang Kale & Anr.
- Bal Manohar Jalan v. Sunil Paswan & Anr.
- K. Madhava Reddy & Ors. v. Govt. of A.P. & Ors.
- C.B.I. v. Ashok Kumar Aggarwal
- Urmila Devi v. Yudhvir Singh
- Mohit Alias Sonu and Another v. State of U.P. and Another
- Nupur Talwar v. Central Bureau of Investigation & Anr.
- Om Kr. Dhankar v. State of Haryana & Anr.
- Dr. Mrs. Nupur Talwar v. C.B.I., Delhi & Anr.
- State of Punjab v. Davinder Pal Singh Bhullar & Ors. Etc
- C.B.I. and Ors. v. Keshub Mahindra Etc. Etc.
- Lal Kishore Jha v. State of Jharkhand & Anr.
- Harshendra Kumar D. v. Rebatilata Koley Etc.
- The Institute of Chartered Accountants of India v. Vimal Kumar Surana and Another
- Manoj Mahavir Prasad Khaitan v. Ram Gopal Poddar and Anr.
- Damodar S. Prabhu v. Sayed Babalal H.
- State of Madhya Pradesh v. Sheetla Sahai & Ors.
- State of M.P. v. Chunnilal @ Chunni Singh
- Rama Chaudhary v. State of Bihar
- Sethuraman v. Rajamanickam
- Shakunt Ala Devi & Ors. v. Chamru Mahto & Anr.
- Raghu Raj Singh Rousha v. M/S. Shivam Sundraram Promoters (P) L & Anr.
- Dhariwal Tobago Products Ltd. and Others v. State of Maharashtra and Another
- M. Balakrishna Reddy v. Director, Cbi, New Delhi
- Hem Chand v. State of Jharkhand
- Johar and Others v. Mangal Prasad & Anr.
- Vinay Devanna Nayak v. Ryot Seva Sahakari Bank Ltd.
- Central Bureau of Investigation v. State of Gujarat
- State of West Bengal v. Dinesh Dalmia
- S.M.S. Pharmaceuticals Ltd. v. Neeta Bhalla and Anr.
- Suga Ram @ Chhuga Ram v. State of Rajasthan and Ors.
- U.T. of Dadra & Haveli and Anr. v. Patel Sinh Mohansinh Chauhan
- Rajbir Singh v. State of U.P. and Anr.
- Kailash Verma v. Punjab State Civil Supplies Corporation and Anr.
- Pandurang Sitaram Bhagwat v. State of Maharashtra
- V. Raja Kumari v. P. Subharama Naidu and Anr.
- Shri S.K. Zutshi and Anr. v. Shri Bimal Debnath and Anr.
- Transmission Corporation of A.P. v. Ch. Prabhakar and Ors.
- State Rep. by Inspector of Police and Ors. v. N.M.T. Joy Immaculate
- State of Himachal Pradesh v. Dhanwant Singh
- K.C. Builders and Anr. v. The Assistant Commissioner of Income Tax
- State Through Special Cell, New Delhi v. Navjot Sandhu @ Afshan Guru and Ors.
- B.S. Joshi and Ors. v. State of Haryana and Anr.
- Dharmesh @ Nanu Nitinbhai Shah v. State of Gujarat
- Paul George v. State
- Satya Narayan Sharma v. State of Rajasthan
- Rajinder Prasad v. Bashir and Ors.
- M/S. Bhaskar Industries Ltd. v. M/S. Bhiwani Denim and Apparels Ltd. and Ors.
- Puran Etc. Etc. v. Rambilas and Anr. Etc. Etc.
- T. Sudhakar Prasad Etc. v. Govt. of A.P. and Ors.
- State of Delhi v. Gyan Devi and Ors.
- K.K. Patel and Anr. v. State of Gujarat and Anr.