Sections 403, 404 and 405 CrPC: Hearing in Revision, Magistrate's Statement and Certification of Order

Sections 403, 404 and 405 of the Code of Criminal Procedure, 1973 formed part of Chapter XXX, "Reference and Revision". They dealt respectively with the Court's option to hear parties in revision, a statement that could accompany the record of a Metropolitan Magistrate's trial, and certification of a revisional decision to the lower Court.

Applicability: This article explains the CrPC position applicable before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024. The CrPC was repealed subject to the savings in Section 531 BNSS. For current proceedings, the corresponding BNSS provisions should be checked. Section 403 CrPC is substantially carried forward as Section 444 BNSS; Section 405 CrPC is substantially carried forward as Section 445 BNSS; the specific provision in Section 404 CrPC was not carried forward as a separate corresponding section.

Meaning of revision under the CrPC

Revision is a supervisory jurisdiction under which the High Court or Sessions Judge may examine the record of an inferior criminal Court to satisfy itself about the correctness, legality or propriety of a finding, sentence or order, and about the regularity of the proceedings. Sections 403 to 405 dealt with procedural aspects of that revisional jurisdiction and should be read with the other provisions in Chapter XXX, particularly Sections 397 to 402.

Section 403 CrPC - Option of Court to hear parties

What the provision means: Section 403 stated the general rule that a party had no independent right to demand a hearing, personally or through a pleader, merely because a Court was exercising revisional powers. The revisional Court nevertheless had discretion to hear a party if it considered a hearing appropriate. This general rule operated subject to express provisions elsewhere in the Code, including safeguards where an order prejudicial to an accused or another person was contemplated.

Statutory text: Save as otherwise expressly provided by this Code, no party has any right to be heard either personally or by pleader before any Court exercising its powers of revision; but the Court may, if it thinks fit, when exercising such powers, hear any party either personally or by pleader.

Current-law note: Section 444 BNSS now deals with the same subject. The language is substantially retained, with "advocate" used in place of "pleader".

Section 404 CrPC - Statement by Metropolitan Magistrate to be considered by High Court

What the provision means: Where the record of a trial held by a Metropolitan Magistrate was called for by the High Court or the Court of Session under Section 397 CrPC, the Magistrate could send with the record a statement explaining the grounds of the decision or order and any facts considered material. Before overruling or setting aside that decision or order, the revisional Court was required to consider the statement.

Statutory text: When the record of any trial held by a Metropolitan Magistrate is called for by the High Court or Court of Session under Section 397, the Magistrate may submit with the record a statement setting forth the grounds of his decision or order and any facts which he thinks material to the issue, and that Court shall consider such statement before overruling or setting aside the said decision or order.

Current-law note: The BNSS does not reproduce Section 404 CrPC as a separate corresponding provision in its Chapter on Reference and Revision.

Section 405 CrPC - High Court's order to be certified to lower Court

What the provision means: After a case was revised by the High Court or a Sessions Judge, the revisional decision or order had to be certified to the Court whose finding, sentence or order had been revised. The receiving Court was then required to pass orders conforming to the revisional decision and, where necessary, amend its record.

Statutory text: When a case is revised under this Chapter by the High Court or a Sessions Judge, it or he shall, in the manner provided by Section 388, certify its decision or order to the Court by which the finding, sentence or order revised was recorded or passed, and the Court to which the decision or order is so certified shall thereupon make such orders as are conformable to the decision so certified, and, if necessary, the record shall be amended in accordance therewith.

Current-law note: Section 445 BNSS substantially carries forward this rule. Its cross-reference is to Section 429 BNSS rather than Section 388 CrPC.

CrPC and BNSS position at a glance

CrPC provision	Subject	BNSS position
Section 403	Option of Court to hear parties in revision	Section 444 BNSS
Section 404	Statement by Metropolitan Magistrate accompanying record called in revision	No separate corresponding provision carried forward
Section 405	Certification of revisional order to lower Court	Section 445 BNSS

Practical significance of Sections 403 to 405 CrPC

Together, these provisions addressed three different stages of revision: participation of parties before the revisional Court, assistance from the Metropolitan Magistrate whose trial record had been called for, and implementation of the revisional Court's ultimate decision. They therefore supplemented the principal revisional powers contained in Sections 397 to 402 CrPC.

Related CrPC provisions

For the surrounding statutory scheme, see Sections 395, 396 and 397 CrPC - Reference and calling for records, Sections 398, 399 and 400 CrPC - Inquiry and Sessions Judge's revisional powers, and Sections 401 and 402 CrPC - High Court's revisional powers and transfer of revisions.

Note: This page is an informational explanation of the statutory provisions and their transition to BNSS. The applicable procedural law may depend on the date and stage of the particular proceeding.