Reference and Revision 26th.

THE CODE OF CRIMINAL PROCEDURE
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REFERENCE Section 395-405
AND REVISION
By Dhanush D
BMS College of Law
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INTRODUCTION
 According to Section 395 to Section 396 of the Code of Criminal

Procedure 1973 deals with the Reference to High Court and
Disposal of case according to decision of High Court.
 As per Section 397 to Section 405 of the Code of Criminal

Procedure 1973 include the powers of revision granted to the
higher courts, and the procedure to exercise these powers.
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Reference meaning under CRPC
 There is no statutory definition of reference provided in the

Criminal Procedure Code. Reference is a matter between two
courts where the lower court seeks the opinion of the High Court
regarding an act, ordinance or regulation.
Note: Reference can be done only at High Court. In comparison,

revision can be done at High Court as well as the Court of Session.
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Sec 395(1)
Reference to High Court
 Before sending a case for reference to the High Court, the lower court shall
satisfy itself that:
 1.The case pending before it involves the question as to the validity of an Act,
ordinance or regulation or any provision contained in any Act, ordinance or
regulation
 2.The determination of such a question is necessary for the disposal of the

case
 3.The lower court is of the opinion that such Act, ordinance, regulation or
provision is invalid or inoperative by the High Court or Supreme Court then
the lower court shall state its opinion and reason for the same and refer the
same to High Court for its decision.
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Sec 395(2 – 3)
 Section 395(2) of the Criminal Procedure Code states that the

Court of Session or Metropolitan Magistrate may refer for the
decision of High Court on any question of law arising in a case
pending before it to which provision of section 395(1) of the
Criminal Procedure Code does not apply
 According to section 395(3) of the Criminal Procedure Code,

when the case is pending for reference in the High Court, the
court may either commit the accused to jail or release him on
bail
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Sec 396
Disposal of case
 396(1) : When question has been so referred, the High Court

shall pass such order thereon as it thinks fit, and shall cause a
copy of such order to be sent to the Court by which the
reference was made, which shall dispose of the case
conformably to the said order.
 396(2) : According to section 396(2) of the Criminal Procedure

Code, the High Court may direct by whom the cost of reference
will be paid
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Revision under CRPC
sec 397 - 405
 Section 397: – The court has the power to call for the record of the proceedings of its court or any inferior courts.
 Section 398: – Upon examining the record of proceedings, the judge has the right to order an inquiry into the decision of a case
 Sections (399 – 400): – The Sessions Judge has the power to revise any decision and may call additional Sessions Judges to revise the decision.
 Section 401: – The High Court has the power to modify cases before it or before the lower or inferior courts
 Section 402: – The High Court is also empowered to transfer or withdraw the revision cases.
 Sec 403 – Option of Court to hear parties-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.
 Sec 404 – Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court.-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 the Court shall consider such statement before overruling or setting aside the
said decision or order.
 Sec 405 – High Court’s order to be certified to lower Court.- 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
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CONCLUSION
 Reference and revision are different in terms of law but all

serves the same purpose to ensure that justice is served.
Reference is for consulting the higher courts of law pertaining to
the pending cases. Revision is to review or to alter any error
made after the deliverance of final judgment. The Jurisdiction for
revisional of the High Court is quiet extensive. It has inherent
powers to deal the cases of revision which is applicable for
substantive as well as procedural matters but it does not have
power to re-examine any of the evidence.
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References
1. S.N. MISRA THE CODE OF CRIMINAL PROCEDURE
2. R.V KELAR’S LECTURE ON CRIMINAL PROCEDURE
3. CRIMINAL PROCEDURE CODE , 1973 BY RATANLAL &

DIRAJLAL
4. CRIMINAL PROCEDURE CODE BY K.D.GAUR
5. CRIMINAL PROCEDURE CODE 1973 BY P.S.A. PILLAI

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THE CODE OF CRIMINAL PROCEDURE

 According to Section 395 to Section 396 of the Code of Criminal

 As per Section 397 to Section 405 of the Code of Criminal

 There is no statutory definition of reference provided in the

Note: Reference can be done only at High Court. In comparison,

 2.The determination of such a question is necessary for the disposal of the

 Section 395(2) of the Criminal Procedure Code states that the

 According to section 395(3) of the Criminal Procedure Code,

 396(1) : When question has been so referred, the High Court

 396(2) : According to section 396(2) of the Criminal Procedure

 Reference and revision are different in terms of law but all

1. S.N. MISRA THE CODE OF CRIMINAL PROCEDURE

2. R.V KELAR’S LECTURE ON CRIMINAL PROCEDURE

3. CRIMINAL PROCEDURE CODE , 1973 BY RATANLAL &

4. CRIMINAL PROCEDURE CODE BY K.D.GAUR

5. CRIMINAL PROCEDURE CODE 1973 BY P.S.A. PILLAI

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