Calling for records to exercise powers of revision

Repealed Act 2 of 1974 As on 17 Oct 2026

Read from the scanned gazette. India Code publishes no text for this Act, so the text below was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Act 2 of 1974 Cited by 4 provisions

This is a second copy of a Central Act. India Code files it on Tripura's shelf as well as under Parliament, and the text is the same enactment. Read it at The Code of Criminal Procedure, 1973, which is the record this site keeps current.

Read from the scanned gazette. India Code publishes no text for this Act, so this text was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Section 397 of Code of Criminal Procedure, 1973 deals with calling for records to exercise powers of revision. 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;

(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.
Section 397, Code of Criminal Procedure, 1973 (Act 2 of 1974).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

s. 398 Power to order inquiry

Referred to by 4

Questions about Section 397

What does Section 397 of the Code of Criminal Procedure deal with?

Section 397 of the Code of Criminal Procedure is headed "Calling for records to exercise powers of revision". 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;

How do I find court cases under Section 397 of the Code of Criminal Procedure?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Code Criminal Procedure 1973 397, section 397 Code Criminal Procedure 1973, section 397 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 397 of the Code of Criminal Procedure, and has it changed?

Its own text turns on section 398 (Power to order inquiry), so none of them can safely be read on its own. 4 other provisions in this corpus refer back to it.

When was the Code of Criminal Procedure enacted?

Code of Criminal Procedure was enacted in 1974 as Act 2 of 1974. India Code records no commencement date for it. It is no longer in force.

Other sections of this Act

484. Repeal and savings25668 words
320. Compounding of offences1341 words
164. Recording of confessions and statements1157 words
167. Procedure when investigation cannot be completed in twenty-four hours1101 words
437. When bail may be taken in case of non-bailable offence999 words
220. Trial for more than one offence959 words

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/65ae197e-06e1-4b83-a2c4-79fffb837967.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/3476c537-83fa-4339-9917-27dac92cae0d/content). This page is not a substitute for legal advice.