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Limitation Period In Criminal Revision Petition Us 397 + 399 Crpc
18-Oct-2023 (In Criminal Law)
What is limitation period in filing criminal revision petition u/s 397 read with 399 of the criminal procedure code, against any order of magistrate .??
The limitation period as per article 131 of the limitation act is of 90 days and it has been clearly held by the salekh chand vs Deepak sharma,kkd that the revision period is not condonable unless express circumstances exist.
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Adv. Yuganshu Sharma
Delhi | 400+ Answers
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What is revision under section 397 of CrPC?
The Supreme Court held that the High Court, when hearing an appeal under Section 397 of the CrPC, does not act as a court of appellation and has no power to evaluate the evidence, except in cases where the lower court's ruling is incorrect. 01-Jan-2023
Is order 156 3 CrPC revisable?
It was held that, once a Section 156(3) application is decided, the magistrate court becomes functus officio. This is because it cannot interfere with the investigation. This order can be revised as it deals with a valuable legal right. 08-Mar-2023
Can revision be filed after 90 days?
Article 131 of the Limitation Act states that a petition for revision against a subordinate courts order or decree can be filed at High Court 90 days after such order or decree. The court may entertain civil revisions in certain situations where the revisionist has not been negligent. 20-Sept-2020
What is the limitation period of criminal cases?
If the punishment is only a fine, the term of imprisonment is six months.
Article 131 of the Schedule of the Limitation Act sets a 90-day limit for filing revisions under the Code of Civil Procedure and the Code of Criminal Procedure from the date of the decree, order, or sentence being challenged. Accordingly, the limitation for revision under section 397 of CrPC and section 399 of CrPC will be 90 days. This means that the petitioner, who is aggrieved by a decision or order of a subordinate criminal court, must file the revision petition within 90 days from the date of the decision or order.
Failure to file the revision petition within this limitation period can have significant consequences. If the petition is filed after the expiration of the 90-day criminal revision limitation period, it may be considered time-barred, and the court may refuse to entertain it.
Individuals seeking to file a criminal revision petition should be aware of this limitation period and adhere to it diligently. Missing the deadline could result in the petition being rejected as time-barred.
It is necessary to submit a Revision Petition within the criminal revision limitation period, i.e., 90 days of the court's decision. An individual has the right to be heard by the Court. In law, there is no absolute right. The state can place reasonable restrictions on their freedom.
Failure to file the revision petition within this limitation period can have significant consequences. If the petition is filed after the expiration of the 90-day criminal revision limitation period, it may be considered time-barred, and the court may refuse to entertain it.
Individuals seeking to file a criminal revision petition should be aware of this limitation period and adhere to it diligently. Missing the deadline could result in the petition being rejected as time-barred.
It is necessary to submit a Revision Petition within the criminal revision limitation period, i.e., 90 days of the court's decision. An individual has the right to be heard by the Court. In law, there is no absolute right. The state can place reasonable restrictions on their freedom.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
It is necessary to submit a Revision Petition within 90 days of the court's decision. An individual has the right to be heard by the Court. In law, there is no absolute right. State can place reasonable restrictions on their freedom.
Helpful?
Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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