Legal Provisions of Section 399 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Where the Sessions Judge has called for by himself, the record in the case of any proceeding under Section 397 (1), he shall exercise all or any of the powers which are exercisable by the High Court under Section 401 (1) of the Code. The Sessions Judge, however, has no power to order summoning of a person discharged by the Magistrate.
ADVERTISEMENTS:
Though he has no power to hear an appeal against an order of acquittal under Section 378 or enhancement of the sentence under Section 377, he can entertain applications for revision against acquittal or for enhancement of the sentence from the complainant or from any party.
In such cases he may invoke revisional jurisdiction even suo motu without any application from any person. Commenting on the revisional power of Sessions Judge under Section 399, the High Court of Kerala in. T. Jayarajan v. P.R. Mohammad, held a view that while under Section 401, the High Court can exercise revisional powers suo motu, the Sessions Judge under Section 399 has powers of revision on being approved by a party. Therefore, the Sessions Judge will have power to enhance the sentence only on an application from the complainant.
Image Source : luna.edu
Sub-section (2) lays down the limitations on the exercise of revisional powers of the Sessions Judge which are similar to those contained in sub-sections (2), (3) and (4) of Section 401 which are applicable to the revisional powers of the High Court. That apart, the enabling provision regarding treating the application for revision as a petition of appeal under certain circumstances as contained in Section 401 (5) applies in case of revisional power of the Sessions Judge.
Sub-section makes the decision of the Sessions Judge given in revision as final and prohibits the petitioner to move any further revision petition to the High Court or any other Court. This provision is intended to avoid multiplicity of proceedings on the same cause.