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Section 439. High Court’s powers of revision

(1) In the case of any proceeding the record of which has been called for by itself [6] or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections [7]

  1. No order under this section shall be made to the prejudice of the accused unless he has had an opportunity of being heard either personally or by pleader in his own defence.
  2. Where the sentence dealt with under this section has been passed by a Magistrate [1], the Court shall not inflict a greater punishment for the offence which, in the opinion of such Court, the accused has committed than might have been inflicted for such offence by [8] a Magistrate of the first class. 1 Subs. and omitted by the Law Reform Ordinance, 1972 (XII of 1972), s.2 and Sch. [2] [3] [4] [6] [7] [8]
  3. Where under this Code an appeal lies and no appeal is brought, no proceedings by way of revision shall be entertained at the instance of the party who could have appealed. [2]
Annotations (7)
  • star_omission [7] , 423, 426, 427 and 428 or on a Court by section 338, and may enhance the sentence; and, when the Judges composing the Court of Revision are equally divided in opinion, the case shall be disposed of in manner provided by section 429.
  • amendment [2] by the Act No. XVIII of 1923, s. 116.
  • amendment [3] Ordinance No. XXXVII of 2001, s.66.
  • amendment [4] by the Law Reforms (Amdt.) Act, 1976 (XXI of 1976), s. 2 and Sch. 5 This section which was originally numbered 436 was re-numbered 437, by Act 18 of 1923, s. 117.
  • amendment [6] by the Law Reform Ordinance, 1972 (XII of 1972), s.2 and Sch.
  • amendment [7] by Act No. XVIII of 1923, s. 119.
  • annotation [8] “a Presidency Magistrate or” omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch. <sup>[1]</sup>
  • Permalink: http://laws.alianwaar.com/crpc/439

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