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    While exercising the power of revision under the Code of Criminal Procedure, the High Court cannot -
    Question

    While exercising the power of revision under the Code of Criminal Procedure, the High Court cannot -

    A.

    discharge the accused

    B.

    acquit the accused

    C.

    grant bail to the accused

    D.

    convert a finding of acquittal into one of conviction

    Correct option is D


    The High Court, while exercising its revisionary powers under Section 401 of the CrPC, has broad discretion to correct any error of law or fact in the lower court's order. However, it is explicitly barred from converting a finding of acquittal into one of conviction. This limitation ensures that an acquittal cannot be reversed to a conviction in revision, safeguarding the accused's rights. If the High Court finds sufficient grounds, it may order a retrial instead.
    Information Booster: Section 401(3) of CrPC prohibits the High Court from converting an acquittal into a conviction while exercising revisionary powers. The rationale is to prevent miscarriage of justice by maintaining the finality of acquittals unless there is a retrial.
    Additional Knowledge:
    · (a) Incorrect: The High Court can discharge the accused in a revision if the evidence does not support the charge.
    · (b) Incorrect: The High Court has the power to acquit the accused in certain situations during revision.
    · (c) Incorrect: The High Court may grant bail to the accused if appropriate during the revision process.

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