Code of Criminal Procedure, 1973 · Chapter XXX: Reference and Revision
Section 401: High Court's 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The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024.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) In the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 386, 389, 390 and 391 or on a Court of Session by section 307, and, when the Judges composing the Court of Revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 392.
(2) No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by pleader in his own defence.
(3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one conviction.
(4) Where under this Code an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed.
(5) Where under this Code an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of Justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly.
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 401
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Khem Singh (D) Through Lrs v. State of Uttaranchal (Now State of Uttarakhand) & Another Etc.
During pendency of these appeals, son of original appellant (since deceased) filed an application seeking setting aside of the abatement and for substitution. Whether the applicant is entitled to be substituted in place…
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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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Sachin v. State of Maharashtra
Issue arose whether, the High Court could enhance the sentence under its revisional powers in a convict’s appeal against conviction.
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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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M/s Celestium Financial v. A. Gnanasekaran Etc.
Issue arose as regards the maintainability of an appeal under proviso to s.372 CrPC against order of acquittal in a case instituted upon a private complaint u/s.138 Negotiable Instruments Act, by treating the…
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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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Mafabhai Motibhai Sagar v. State of Gujarat & Ors.
The appellant was convicted for offences punishable under Section 302 read with sections 147 and 148 Penal Code, 1860 and sentenced to life imprisonment. His application for remission was considered expeditiously by the…
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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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IN RE: REMARKS BY HIGH COURT JUDGE DURING COURT PROCEEDINGS versus
Certain misogynistic remarks as well as comments prejudicial to a particular community were made by a Judge of the High Court of Karnataka in the course of the judicial proceedings. Suo motu case taken up by the Supreme…
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Baccarose Perfumes and Beauty Products Pvt. Ltd v. Central Bureau of Investigation & Anr.
Whether the High Court was justified in dismissing the Revision Application against the rejection of the discharge application moved by the appellant-Company.
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Ranjeet Mittal v. The State of Madhya Pradesh & Anr. Etc. Etc.
High Court whether justified in quashing the charges against Respondent Nos.2-5 (husband and in-laws of the victim-deceased) holding that prima facie the respondents did not abet the deceased to commit suicide.
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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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Bilkis Yakub Rasool v. Union of India & Others
Writ petition filed u/Art. 32 by one of the victims challenging the order of State of Gujarat granting remission and early release of 11 convicts held guilty in Bilkis Bano matter, if maintainable; writ petitions filed…
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Madan v. State of Uttar Pradesh
Six deaths were caused on account of brutal firing by the appellants and other accused persons. The trial court imposed sentence of capital punishment to the appellants (‘M’ and ‘S’) herein for the offence punishable…
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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…
- Harendra Rai v. The State of Bihar & Ors.
- Devendra Nath Singh v. State of Bihar & Ors.
- P. Dharamaraj v. Shanmugam & Ors.
- State Through Deputy Superintendent of Police v. R. Soundirarasu Etc.
- Pushpendra Kumar Sinha v. State of Jharkhand
- Manendra Prasad Tiwari v. Amit Kumar Tiwari & Anr.
- Honnaiah T.H. v. State of Karnataka and Others
- Vijay Madanlal Choudhary & Ors. v. Union of India & Ors.
- Manoj Pratap Singh v. The State of Rajasthan
- Ram Chander v. The State of Chhattisgarh & Anr.
- Vijay Kumar Ghai & Ors. v. The State of West Bengal & Ors.
- Joseph Stephen and Others v. Santhanasamy and Others
- The State by S.P. Through the Spe CBI v. Uttamchand Bohra
- Sanjai Tiwari v. The State of Uttar Pradesh & Anr.
- Hindustan Unilever Limited v. The State of Madhya Pradesh
- Satish @ Sabbe v. The State of Uttar Pradesh
- Krishnaveni Rai v. Pankaj Rai & Anr.
- State of West Bengal v. Indrajit Kundu & Ors.
- Kumar Ghimirey v. The State of Sikkim
- The State of Madhya Pradesh v. Deepak
- Menoka Malik and Others v. The State of West Bengal and Others
- Kishan Rao v. Shankargouda
- Rajendra Rajoriya v. Jagat Narain Thapak and Another
- Birbal Choudhary@ Mukhiya Jee v. State of Bihar
- S. Mohammed Ispahani v. Yogendra Chandak & Others
- Securities and Exchange Board of India v. Classic Credit Ltd.
- Gandi Doddabasappa @ Gandhi Basavaraj v. State of Karnataka
- L. Narayana Swamy v. State of Karnataka & Ors.
- State of Gujarat & Anr. v. Lal Singh @ Manjit Singh & Ors.
- Bablu Kumarand Ors. v. State of Bihair and Anr.
- Ms.S v. Sunil Kumar & Anr.
- State of Madhya Pradesh v. Rakesh Mishra
- Vivek Rai & Anr. v. High Court of Jharkhand Through Registrar General & Ors.
- Sanjaysinh Ramrao Chavan v. Dattatray Gulabrao Phalke and Others
- State of Rajasthan v. Salman Salim Khan
- State Tr. Insp. of Police v. A. Arun Kumar & Anr.
- Shlok Bhardwaj v. Runikabhardwaj & Ors.
- Arjun Jadav v. State of West Bengal & Ors.
- Duryodhan Rout v. State of Orlssa
- Bal Manohar Jalan v. Sunil Paswan & Anr.
- C.B.I. v. Ashok Kumar Aggarwal
- C.B.I. v. Ashok Kumar Aggarwal & Anr.
- Ganesha v. Sharanappa & Anr.
- Venkatesan v. Rani &Anr.
- Mohit Alias Sonu and Another v. State of U.P. and Another
- Shankar Kisanrao Khade v. State of Maharashtra
- Sahib Hussain @ Sahib Jan v. State of Rajasthan
- Devender Pal Singh Bhullar v. State of N.C.T. of Delhi
- Budh Singh v. State of Haryana and Anr.
- Life Convict Bengal @ Khoka @ Prasanta Sen v. B.K. Srivastava & Ors.
- Kumar Etc. Etc. v. Karnataka Industrial Coop. Bank Ltd. & Anr.
- Krishan Lal v. State of Rajasthan & Anr.
- Sangeet & Anr. v. State of Haryana
- Manharibhai Muljibhai Kakadia & Anr. v. Shaileshbhai Mohanbhai Patel & Ors.
- Nupur Talwar v. Central Bureau of Investigation & Anr.
- Dr. Mrs. Nupur Talwar v. C.B.I., Delhi & Anr.
- Prithipal Singh Etc v. State of Punjab & Anr. Etc.
- Sadhwi Pragyna Singh Thakur v. State. of Maharashtra
- Lal Kishore Jha v. State of Jharkhand & Anr.
- Radheyshyam Kejriwal v. State of West Bengal and Anr.
- Harshendra Kumar D. v. Rebatilata Koley Etc.
- R.S. Mishra v. State of Orissa & Ors.
- Iridium India Telecom Ltd. v. Motorola Incorporated & Ors.
- Damodar S. Prabhu v. Sayed Babalal H.
- State of Haryana and Ors. v. Jagdish
- Mulla & Anr. v. State of U.P.
- Sheetala Prasad and Ors. v. Sri Kant and Anr.
- Ramraj @ Nanhoo @ Bihnu v. State of Chhatiisgarh
- Chitresh Kumar Chopra v. State (Govt. of NCT of Delhi)
- State of Madhya Pradesh v. Sheetla Sahai & Ors.
- Bimla Devi and Anr. v. State of Jammu and Kashmir
- State of Punjab v. Nirmal Kaur
- Rameshan P.O. & Ors. v. Rakesh Kumar Yadav & Anr.
- State of M.P. v. Chunnilal @ Chunni Singh
- Rumi Dhar v. State of West Bengal & Anr.
- State of Madhya Pradesh v. Rameshwar & Ors.
- Rama Chaudhary v. State of Bihar
- Kannika v. Mookaiah & Anr.
- Raghu Raj Singh Rousha v. M/S. Shivam Sundraram Promoters (P) L & Anr.
- Md. Shakeel v. State Police Through P.S. Hanmakonda & Anr.
- Swamy Shraddananda @ Murali Manohar Mishra v. State of Karnataka