Analysis Of Section 397 & Section 167(2) Of The Criminal Procedure Code

A number of provisions enshrined under the Indian Criminal Procedure Code ('CrPC'), which is a comprehensive legislation that regulates the administration of the procedural aspects of criminal law, are essentially the pillars of the criminal justice system. Through the present article the author attempts to highlight Sections 397 and 167(2) because of their importance in maintaining legal and judicial supervision and defending the rights of the accused.

Scope & Importance Of Section 397 Of Criminal Procedure Code

The basis of this section can be categorised as a revision provision which is there to revise any serious legal mistake or misconduct. For this section to be applicable the violation must have a well-founded basis as it is not suitable for any court to investigate an order passed by a competent subordinate court which prima facie has a justified application of the law. The application of Section 397 to seek revisional jurisdiction over any order of