1[437. Power to order commitment]. Omitted by the Law Reforms Ordinance, 1972 (XII of
1972), s. 2 and Sch.
438. 2[* * *]
439. High Court’s powers of revision.(1) In the case of any proceeding the record of which
has been called for by itself 3* * * 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 4*, 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.
(2) 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.
(3) Where the sentence dealt with under this section has been passed by a Magistrate 2[* * *]
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 5* * * a Magistrate
of the first class.
6[(4) Nothing in this section shall be deemed to authorise a High Court—
(a) to convert a finding of acquittal into one of conviction; or
(b) to entertain any�� proceedings in revision with respect to an order made by the Sessions
Judge under section 439A.]
(5) 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.
7[(6) Notwithstanding anything contained in this section, any convicted person to whom an
opportunity has been given under subsection (2) of showing cause why his sentence should not be
enhanced shall, in showing cause, be entitled also to show cause against his conviction.]
1 This section which was originally numbered 436 was renumbered 437, by Act 18 of 1923, s. 117.
2 Omitted by Ord. 12 of 1972, S.2 & sch.
3 The words and comma “or which has been reported for orders, “omitted by Ordinance 12 of 1972, s.2 and sch.
4 The figures "195" rep. by Act 18 of 1923, s. 119.
5 The Words “a Presidency Magistrate or” omitted by A.O., 1949, Sch.
6 Subs. by Ordinance 12 of 1972, s.2 and Sch. for the original subsection (4).
7 Subsection (6) ins. by Act 18 of 1923, s.119.
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