Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 442: High Court's powers of revision
(1) In the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 427, 430, 431, and 432 or on a Court of Session by section 344, and, when the Judges composing the Court of Revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 433.
(2) No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by advocate in his own defence.
(3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one of conviction.
(4) Where under this Sanhita an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed.
(5) Where under this Sanhita an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly.
Brefe Detail
Section 442 outlines the powers of the High Court regarding revision in criminal proceedings. It specifies the conditions under which the High Court can exercise its powers, the rights of the accused, and the circumstances under which appeals and revisions can be treated interchangeably.
Question & Answers
What powers does the High Court have under Section 442?
The High Court can exercise powers conferred on a Court of Appeal or a Court of Session, and dispose of cases when Judges are equally divided in opinion.
Can the High Court make orders that prejudice the accused?
No, no order shall be made to the prejudice of the accused unless he has had an opportunity to be heard.
Is it possible for the High Court to convert a finding of acquittal into a conviction?
No, nothing in this section authorizes the High Court to convert a finding of acquittal into one of conviction.
What happens if no appeal is brought where one could have been?
No proceeding by way of revision will be entertained at the instance of the party who could have appealed.
What if a person mistakenly applies for revision instead of appeal?
If the High Court is satisfied that the application was made under the erroneous belief that no appeal lies, it may treat the application as a petition of appeal.
Example
1. If an accused is found not guilty, they cannot have their acquittal changed to a conviction by the High Court under this section.
2. If a person believes they cannot appeal a conviction and applies for revision instead, the High Court may consider it as an appeal if it's in the interests of justice.
Summary
Section 442 establishes the framework for the High Court's revisionary powers, ensuring the rights of the accused are protected while allowing for discretionary powers to ensure justice. It clarifies the limits of these powers, particularly regarding the conversion of acquittals to convictions and the handling of mistaken applications.
