Legal Provisions of Section 403 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
The section provides that in ‘revision’ no party can claim to be heard as of right and it is left to the discretion of the revisional Court to hear the party whether he is accused or the complainant. But where the order of the revisional Court is likely to cause prejudice to an accused, he should be given an opportunity to be heard in person or by his pleader.
ADVERTISEMENTS:
Therefore, whether a personal hearing should be given to a party or not necessarily depends on the fact and circumstances of the case. In a case where in exercise of its revisional powers, the High Court radically altered the character of the punishment awarded by the lower Court without issuing show-cause notice to the accused, the High Court was held to be in error and its order was set aside by the Supreme Court and the case was sent back for disposal according to the law.
It may be said that the provision contained in this section is to a certain extent, an exception to the basic principle of audi alteram partem as it provides no opportunity to parties be heard in the hearing of a revision petition. But the provision in no way violates the principles of natural justice as the parties get full opportunity to present their case, through necessarily by hearing the parties personally or by their pleader.
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