CrPC Section 402
Section 402 of the Criminal Procedure Code (CrPC) of India:
⚖️ Section 402 CrPC – Power of High Court to withdraw or transfer revision cases
Bare Act Text:
(1) Whenever one or more persons have been convicted at the same trial, and an appeal lies from the judgment of the trial Court, any one of them may, notwithstanding anything contained in section 401, with the leave of the High Court, be allowed to file a revision application in respect of any order made against him.
(2) The High Court may direct that any particular case or class of cases be transferred from one criminal court to another within its jurisdiction, in the interest of justice or for the convenience of parties or witnesses.
(Note: There’s confusion here — the text often attributed to Section 402 in this form is not accurate. In fact, Section 402 CrPC in the actual code deals with "Power of High Court to withdraw or transfer revision cases", and here is the correct version.)
✅ Correct CrPC Section 402 – Power of High Court to withdraw or transfer revision cases
(1) The High Court may withdraw any revision application pending in any Court subordinate to it, and:
Dispose of such application itself, or
Transfer it to another subordinate court competent to hear and dispose of the same.
(2) The High Court may also withdraw or transfer a class of revision applications from one subordinate court to another for disposal.
🧠 Explanation:
This section gives the High Court supervisory power over revision cases in lower courts.
If needed, the High Court can take up a revision case directly or move it to another court.
This ensures that justice is served efficiently, especially in cases involving bias, delay, or legal complexity.
🏛️ Example:
Suppose a revision case is pending in a lower Sessions Court, but there is a concern about bias or improper handling, the High Court can:
Withdraw that case, or
Transfer it to another Sessions Court.
🔗 Related Sections:
Section 397 CrPC – Calls for revision powers of the High Court and Sessions Judge.
Section 401 CrPC – High Court's powers in revision (similar to appellate powers).
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