Chapter 30 of the Code of Criminal Procedure says about reference and revision. Section 395 of the Code describes the provision of reference.Where any Court is satisfied that a case pending before it involves a question as to the validity of any law and the answer is necessary for the disposal of the case, and it has an opinion that the said law is invalid but not so declared, then reference can be made to High Court. Section 397 to 404 details the provision of revision. It is exercised to examine the correctness of an order passed. The power vests in Sessions Court and High Court.
The following are the main distinctive features of reference and revision:
1. The Code provides power to the Court to make reference by its own motion. In the case of revision, the party can also apply.
2. The power of reference is invoked so as to make a determination on a question by the higher court regarding a legal questions based on an inoperative law. The power of revision is to satisfy itself that a
sentence or order passed by an inferior criminal court is correct, legal, proper etc.
3. Reference lies to the High Court while revision lies to Sessions Court and High Court.
4. Reference lies in pending cases while revisional jurisdiction has been specifically excluded in relation to interlocutory order passed in any appeal, inquiry, trial or other proceeding as per sub-section 3 of Section 397.

Post a Comment

Do not use abusive language