Sections 395, 396 and 397 CrPC: Reference to High Court, Disposal of Reference and Revisional Jurisdiction

Section 395 CrPC - Reference to High Court

Meaning: A reference is a statutory procedure by which a subordinate criminal court places a specified legal question before the High Court for decision instead of finally determining that question itself in the circumstances prescribed by Section 395.

Under sub-section (1), where a pending case necessarily involves the validity of an Act, Ordinance, Regulation or a provision contained in one of them, and the court considers it invalid or inoperative although neither the jurisdictional High Court nor the Supreme Court has so declared, the court must state the case, record its opinion and reasons, and refer the matter to the High Court.

The Explanation provides that "Regulation" has the meaning assigned under the General Clauses Act, 1897 or the General Clauses Act of a State.

Under sub-section (2), a Court of Session or Metropolitan Magistrate may, in a case not covered by sub-section (1), refer to the High Court a question of law arising during the hearing. Under sub-section (3), while the reference is pending, the referring court may commit the accused to jail or release the accused on bail to appear when called upon.

Section 396 CrPC - Disposal According to High Court Decision

Meaning: Section 396 prescribes what follows after a question has been referred under Section 395. The High Court may pass such order on the referred question as it considers fit and sends a copy of its order to the referring court.

The referring court must then dispose of the case in conformity with the High Court's order. The High Court may also direct who is to bear the costs of the reference.

Section 397 CrPC - Calling for Records to Exercise Revisional Powers

Meaning of revision: Revisional jurisdiction is a supervisory jurisdiction enabling the High Court or Sessions Judge to examine the record of proceedings before an inferior criminal court for the purposes specified by the Code. It is distinct from a regular appeal.

Under sub-section (1), the High Court or Sessions Judge may call for and examine the record of a proceeding before an inferior criminal court within its local jurisdiction to examine the correctness, legality or propriety of a finding, sentence or order and the regularity of the proceeding. While calling for the record, the revisional court may suspend execution of a sentence or order and, where the accused is confined, may release the accused on bail or on his own bond pending examination of the record.

The Explanation treats all Magistrates, whether Executive or Judicial and whether exercising original or appellate jurisdiction, as inferior to the Sessions Judge for the purposes of Section 397(1) and Section 398.

Restriction concerning interlocutory orders

Section 397(2) prohibits exercise of the revisional powers conferred by sub-section (1) in relation to an interlocutory order passed in an appeal, inquiry, trial or other proceeding.

No second revision by the same person

Section 397(3) provides that when a person has made an application under this section either to the High Court or to the Sessions Judge, a further application by the same person cannot be entertained by the other forum.