CrPC Section 263
Section 263 — Revision of orders by Sessions Judge
🔹 What does Section 263 say?
The Sessions Judge has the power to call for the record of any case tried before a Magistrate and make an order:
If he thinks that any order passed by the Magistrate is incorrect or inappropriate,
He may modify, reverse, or enhance the punishment or may order a new trial,
Or any other order he thinks fit in the interest of justice.
🔸 Purpose and Scope:
Section 263 gives supervisory powers to the Sessions Judge over the subordinate Magistrate courts.
This power is not an appeal but a revisional jurisdiction.
It ensures that justice is done and that the Magistrate's orders are legally and factually correct.
The Sessions Judge can correct errors or irregularities in the Magistrate’s orders.
The revision can be initiated on the Sessions Judge’s own motion (suo motu) or on an application.
✅ Summary Table:
| Power Given | Description |
|---|---|
| Call for case record | Sessions Judge can review any case tried by a Magistrate |
| Modify orders | Change or reverse incorrect Magistrate orders |
| Enhance punishment | Increase sentence if justified |
| Order retrial | If justice demands, can order a fresh trial |
| Interest of justice | Power exercised for ensuring fair justice |
In brief:
Section 263 empowers the Sessions Judge to oversee and correct the judicial work of Magistrates to prevent miscarriages of justice.
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