Section 404 CrPC: Metropolitan Magistrate’s Decision Grounds for High Court Review

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Section 404 CrPC: Metropolitan Magistrate’s Decision Grounds for High Court Review

1. State the Code

Section 404 of the Code of Criminal Procedure, 1973 (CrPC) deals with the power of the High Court to review the decisions of Metropolitan Magistrates.

2. Explain it

This section outlines the circumstances under which a Metropolitan Magistrate’s decision can be reviewed by the High Court. The High Court can review such decisions if they are:

  • Erroneous: This implies a mistake in the application of law or facts.
  • Illegal: This refers to a decision that violates the provisions of the CrPC or any other law.
  • Against the principles of natural justice: This includes situations where the Magistrate has acted unfairly or without giving the accused a fair chance to present their case.
  • Against the weight of evidence: This means the decision is not supported by the evidence presented during the trial.

3. Illustrate it

Here’s an example of how Section 404 CrPC might be applied:

A Metropolitan Magistrate convicts a person of theft based on weak evidence. The accused challenges this decision in the High Court, arguing that the Magistrate’s decision was against the weight of evidence. If the High Court finds merit in this argument, it may use Section 404 to review the Metropolitan Magistrate’s decision and potentially overturn the conviction.

4. Common Questions and Answers

Q: Who can file a petition for review under Section 404?

A: Typically, the accused person can file a petition for review. However, other parties involved in the case, like the prosecution, may also file a petition in specific circumstances.

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Q: What is the time limit for filing a petition for review?

A: There’s no specific time limit mentioned in Section 404. However, the High Court may prescribe a reasonable time limit based on the circumstances of the case.

Q: What is the procedure for filing a petition for review?

A: A petition for review needs to be filed with the High Court. It must contain specific details about the decision of the Metropolitan Magistrate and the reasons for seeking review.

Q: What powers does the High Court have in reviewing a Metropolitan Magistrate’s decision?

A: The High Court can confirm, modify, or set aside the Metropolitan Magistrate’s decision. It can also order a retrial if necessary.

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