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The Code of Criminal Procedure, 1898
Course Title: Law on Criminal Procedure II
Course Code: LAW 330
Mid Term Examination
Revision:
1. What is revision and its time for disposal?
Answer:
 Revision:
The word ‘revision’ means ‘to revise’, ‘to look again’. Revision is a purely discretionary remedy
granted by a higher Court to prevent miscarriage of justice. Revision is applicable in both civil and
criminal proceedings.
 Criminal Revision:
The Code of Criminal Procedure, 1898 does not define revision. In criminal proceedings, the
discretionary power of the Session Court and the High Court Division to correct a decision given
by the subordinate criminal Court is called revision in criminal proceedings. Chapter 32 of the
Code deals with revision in criminal proceedings.
 Time for disposal of revision:
U/s 442A of the Code, the Court having revisional jurisdiction shall dispose of revision within 90
working days. But there is no prescribe period for filing a revision before Court having revisional
jurisdiction.
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2. Who has the power to call for records of inferior Court and to order
inquiry in criminal procedure?
Answer:
The HCD/Session Judge has the power to call for records of inferior Court as per section 435 of
the Code and to order inquiry as per section 436 of the Code in criminal procedure.
 Power to call for records of inferior Court:
U/s 435 of the Code, the HCD/Session Judge may examine the record of any inferior Court’s
proceeding within territorial jurisdiction/local limits and also may suspend any sentence of the
accused or if the accused is in jail, then s/he may be released on bail. Provided that all
Executive/Judicial Magistrate shall be deemed to be inferior to the Session Judge for the purpose
of section 435 of the Code.
 Power to order inquiry:
U/s 436 of the Code, the HCD/Session Judge may order for further inquiry into any complaint
dismissed u/s 203/204(3)/in any case where the accused has been discharged to Chief
Metropolitan Magistrate/Chief Judicial Magistrate/any subordinate Magistrate based on
examining any record of the inferior Court’s proceeding u/s 435 of the Code.
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3. Which Courts have the revisional jurisdiction in criminal
proceedings? Discuss.
Answer:
 Courts having revisional jurisdiction:
In criminal proceedings, the following Courts have revisional jurisdiction:
Revision
HCD
Session Court
Session Judge
(Statutory Power)
Additional Session
Judge
(Delegated Power)
Before entertaining revisional procedure, the HCD/Session Judge may:
1. Examine the record of the inferior Court’s proceeding u/s 435 of the Code;
2. Order for inquiry u/s 436 of the Code
 High Court Division’s revisional power:
U/s 439 of the Code,
1. The HCD may exercise the Appellate Court’s power u/s 423, 426, 427, or 428 and section 338
of the Code and may increase the sentence of accused and when the judges of the Revisional
Court are equally divided, the case shall be disposed u/s 429 of the Code.
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2. Such revisional power shall not harm the accused unless he had an opportunity of hearing
either personally/by his pleader for his defense.
3. If any sentence is passed u/s 439 by a Magistrate, the Court shall not give greater punishment
for the offence.
4. The HCD cannot convert a finding of acquittal into one of the conviction or revisional
procedure by the Session Judge u/s 439A of the Code.
5. When an appeal lies but no appeal is brought, then there is no revision.
6. The accused having an opportunity not to increase his punishment shall also get greater
punishment if there is anything to show against his conviction.
 Certification of HCD’s Order:
U/s 442 of the Code, when a case is revised by the HCD u/s 439 of the Code, then it shall be
certified by the lower Court or Magistrate Court.
 Session Court’s revisional power:
The revisional power of the Session Court is divided into two judges, namely,
1. Session Judge
2. Additional Session Judge
1. Session Judge: The revisional power of the Session Judge is statutory power. U/s 439A of
the Code, the Session Judge may exercise the revisional power of the HCD u/s 439 of the Code.
So, if any application of revision is made before the Session Judge, then his decision shall be final.
2. Additional Session Judge: The revisional power of the Session Judge is delegated power.
U/s 439A of the Code, an Additional Session Judge may exercise the revisional power of the
Session Judge when a case is transferred to him from the Session Judge by general/special order.
 Optional Power of the Courts having revisional jurisdiction:
U/s 440 of the Code, the Court having revisional jurisdiction has an optional power to hear the
parties either personally/by pleader.
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Lunatics Procedure:
1. Define lunatic. Discuss the procedure when the accused is lunatic.
Answer:
 Lunatic:
The word ‘lunatic’ generally means the person who is mentally sick. According to section 3(5) of
the Lunacy Act, 1912, lunatic means an idiot or unsound mind person. According to section 84 of
the Penal Code, 1860, any act of unsound mind person is not an offence. The Code of Criminal
Procedure, 1898 does not define lunatic but the Act gives characteristics of being a lunatic,
namely,
1. The person is unsound mind.
2. The person is incapable of making his defense.
And the nature of lunatic in legal sense is based on the principles of legal insanity which was
established in M’naghten’s case in 1843. The principles of legal insanity are:
1. The person does not know the nature of the act.
2. The person does not know the consequences of the act.
 Procedure when the accused is lunatic:
According to section 464 of the Code, when a Magistrate has a reason to believe that the accused
is unsound mind and incapable of making his defense, then the Magistrate shall inquire of such
unsoundness and shall direct such person to be examined by the Civil Surgeon or any other
medical officer directed by the Government and shall examine such Surgeon or the medical
officer as a witness and shall postpone further proceeding of the case. The phrase ‘reason to
believe’ means the belief by a reasonable person.
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 Procedure of lunatic before the Session Court:
According to section 465 of the Code, when the Session Court finds out that the accused is
unsound mind and incapable of making his defense, the Court shall firstly inquire of such
unsoundness and shall postpone further proceeding in the case.
 Release of lunatic:
According to section 466 of the Code, when an accused is found out to be unsound mind and
incapable of making his defense, then the Magistrate or Court may release him on sufficient
security. The sufficient security shall include his protection and prevention of injuring himself or
any other person. But if the bail or sufficient security is not given, then the Magistrate or Court
shall order the accused to be detained in safe custody except in lunatic asylum. But lunatic asylum
is acceptable if the procedure is entertained by the Government rules provided under the Lunacy
Act, 1912.
 Release declaration by the Government:
According to section 474 of the Code, if the lunatic is detained u/s 466 or 471 of the Code is
declared to be fit by the Inspector General or two or more visitors, then the Government may
release him or to detain him in custody to transfer him to a lunatic asylum where the Government
may appoint a commission of a judicial and two medical officers.
 Resuming the proceeding:
According to section 467 of the Code, when it is found out that the accused is not unsound mind
and not incapable of making his defense, then the Magistrate or Court shall resume the trial or
inquiry which has been postponed u/s 464 or 465 of the Code.
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2. Discuss the procedure on accused appearing before the Magistrate
or Court.
Answer:
Section 468 of the Code provides the procedure on accused appearing before the Magistrate or
Court.
According to section 468 of the Code, if the accused appears before the Magistrate or Court and
the Magistrate or Court considers him capable of making defense, then the inquiry or trial shall
proceed. Otherwise, the Magistrate or Court shall act according to section 464, 465 and 466 of
the Code.
3. Discuss the procedure when the accused appears to have been
insane.
Answer:
Section 469 of the Code discusses about the procedure when the accused appears to have been
insane.
According to section 469 of the Code, the Magistrate or the Court shall proceed with the case if
the accused is appeared to be sound mind but the Magistrate or the Court finds out from the
provided evidence that there is a reason to believe that the accused committed an act with
unsound mind and incapable of knowing the nature of the act which constitutes an offence.
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4. Discuss the procedure of acquittal on ground of lunacy.
Answer:
Section 470 and 471 of the Code discusses about the procedure of acquittal on ground of lunacy.
Here the word ‘lunacy’ includes:
1. Unsound mind
2. Incapable of knowing the nature of the act which constitutes an offence
 Judgment on Acquittal on ground of lunacy:
According to section 470 of the Code, if any person is acquitted on ground of lunacy, the finding
shall state specifically whether the act was committed or not.
 Detention in safe custody of the person acquitted on ground of
lunacy:
According to section 471 of the Code, the acquitted person shall be detained in safe custody
except lunatic asylum. But lunatic asylum is acceptable if the procedure is entertained by the
Government rules provided under the Lunacy Act, 1912.
 Release declaration by the Government:
According to section 474 of the Code, if the lunatic is detained u/s 466 or 471 of the Code is
declared to be fit by the Inspector General or two or more visitors, then the Government may
release him or to detain him in custody to transfer him to a lunatic asylum where the Government
may appoint a commission of a judicial and two medical officers.
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5. Discuss the procedure when the lunatic prisoner is reported capable
of making his defense.
Answer:
According to section 473 of the Code, if the lunatic person who is detained u/s 466 of the Code
is reported by the two or more visitors capable of making his defense, then s/he shall be taken
before the Magistrate or Court and the procedure shall be entertained as per section 468 of the
Code and the Inspector General or the report of the visitors shall be the evidence.