Revisionary Jurisdiction under Cr.P.C. : Scope and Limitations

Abstract

In India, criminal justice is administered through the code of criminal procedure, 1973 (CrPC). Although it is substantive criminal law that provides offences and stipulates penalties, the CrPC provides the framework within which an investigation, trial and adjudication takes place. Among the more sensitive, but nonetheless important, mechanisms in this procedural framework is the exercise of revisionary jurisdiction by superior courts. The High Courts and the Courts of Sessions are authorized by section 397 through to section 401 CrPC to demand and investigate the record of inferior courts to provide a check on the legality, propriety and regularity of criminal actions(Khaitan, 2017). Revision is discretionary and supervisory, in contrast to appeals which are legislative rights and are administered to prevent a miscarriage of justice by way of jurisdictional errors, procedural aberrations or apparent illegality.