Section 397 CrPC: Calling for records to exercise powers of revision

Code of Criminal Procedure, 1973

Section 397 CrPC at a Glance

Section 397 CrPC deals with calling for records to exercise powers of revision. From 1 July 2024 it is replaced by Section 438 BNSS. Popularly called revision. The revision rule is unchanged.

Now BNSS

Section 438 →

What Section 397 CrPC Says

397. Calling for records to exercise powers of revision
(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 as 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.

Source: Section 397, Code of Criminal Procedure, 1973

Section 397 CrPC in Simple Words

Section 397 of the Code of Criminal Procedure, 1973 empowers the High Court or any Sessions Judge to call for and examine the record of any proceeding before an inferior Criminal Court within its or his local jurisdiction.

This allows the revising court to satisfy itself as to the correctness, legality or propriety of any finding, sentence or order, and the regularity of the lower court proceedings.

Pending examination of the record, the court may suspend execution of a sentence or order and release a confined accused on bail or on his own bond, but revision does not lie against an interlocutory order, and a person who has applied to either the High Court or the Sessions Judge cannot make a further application to the other.

Who Can Use Section 397 CrPC

The High Court or a Sessions Judge may under Section 397(1) of the Code of Criminal Procedure, 1973 call for and inspect the record of a proceeding from any lower Criminal Court located within its or his local territorial limits.
The revising court examines the record under Section 397(1) CrPC to satisfy itself or himself as to the correctness, legality or propriety of any finding, sentence or order, and to check the regularity of the lower court proceedings.
When calling for the record under Section 397(1) CrPC, the High Court or Sessions Judge may direct that execution of the sentence or order be suspended and, if the accused is in confinement, order his release on bail or on his own bond while the record is examined.
Under the Explanation to Section 397(1) CrPC, every Executive or Judicial Magistrate, whether exercising original or appellate jurisdiction, shall be deemed inferior to the Sessions Judge for revision under Section 397(1) CrPC and for inquiry directions under Section 398 CrPC.

Example of Section 397 CrPC

A Judicial Magistrate convicts Ramesh and sentences him to imprisonment, placing him in confinement. Ramesh applies for revision to the Sessions Judge within whose local jurisdiction the Magistrate sits under Section 397(1) of the Code of Criminal Procedure, 1973. Because a Judicial Magistrate shall be deemed inferior to the Sessions Judge, the Sessions Judge may call for and examine the record to satisfy himself as to the correctness, legality or propriety of the finding, sentence or order. When calling for the record, the Sessions Judge may suspend execution of the sentence and release Ramesh on bail or on his own bond pending examination. Under Section 397(3) CrPC, no further application by Ramesh shall be entertained by the High Court.

When Section 397 CrPC Does Not Apply

Revision powers under Section 397(1) of the Code of Criminal Procedure, 1973 shall not be exercised in relation to any interlocutory order passed in an appeal, inquiry, trial or other proceeding under Section 397(2) CrPC.
Where a person has already made a revision application to either the High Court or the Sessions Judge, Section 397(3) CrPC bars the other court from entertaining any further application by that same person.
The High Court or a Sessions Judge cannot call for and examine a record under Section 397(1) CrPC if the proceeding is not before an inferior Criminal Court situate within its or his local jurisdiction.

Revision Under BNSS 438: What Changed

Section 397 CrPC is now covered under Section 438 BNSS.

Section 397 of the Code of Criminal Procedure, 1973 became Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024 with only changes of form. The revision rule is unchanged. In Section 438(1) BNSS, release on bail or on his own bond becomes release on his own bond or bail bond, a change of form because Section 2(1)(e) BNSS defines a bond as an undertaking for release without surety and Section 2(1)(d) BNSS defines a bail bond as an undertaking for release with surety. The Explanation updates the cross-reference from Section 398 CrPC to Section 439 BNSS.

View detailed comparison (CrPC 397 vs BNSS 438) →

FAQs on Section 397 CrPC

Which courts can exercise revision powers under Section 397 CrPC and what do they examine?▼

Section 397(1) of the Code of Criminal Procedure, 1973 empowers the High Court or any Sessions Judge to call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction. The court examines the record to satisfy itself or himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of that inferior Criminal Court.

Can a sentence or order be suspended while the record is examined under Section 397 CrPC?▼

Yes. Under Section 397(1) of the Code of Criminal Procedure, 1973, when the High Court or a Sessions Judge calls for the record of an inferior Criminal Court, it or he may direct that the execution of any sentence or order be suspended. If the accused is in confinement, the High Court or the Sessions Judge may also direct that the accused be released on bail or on his own bond pending the examination of the record.

Are interlocutory orders or repeat revision applications allowed under Section 397 CrPC?▼

No. Section 397(2) of the Code of Criminal Procedure, 1973 states that the powers of revision conferred by Section 397(1) CrPC shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. Further, Section 397(3) CrPC provides that if an application 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.

Where is Section 397 CrPC located after the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. From 1 July 2024, the provision corresponding to Section 397 CrPC is found in Section 438 BNSS, which retains the power to call for records to exercise powers of revision, with Section 397(1) CrPC mapped to Section 438(1) BNSS, Section 397(2) CrPC mapped to Section 438(2) BNSS and Section 397(3) CrPC mapped to Section 438(3) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 18 Oct 2026 ·