Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 442
High Court's powers of revision
In one line
BNSS Section 442 deals with high court's powers of revision and replaces CrPC 401.
Bare act text — BNSS 442
442. High Court's powers of revision.
(1) In the case of any proceeding the record of which has been called for by itself 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 427, 430, 431 and 432 or on a Court of Session by section 344, and, when the Judges composing the Court of revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 433.
(2) No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by advocate in his own defence.
(3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one of conviction.
(4) Where under this Sanhita an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed.
(5) Where under this Sanhita an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly.
What changed from the CrPC
- CrPC 401 → BNSS 442: "pleader" is replaced by "advocate".
Frequently asked
What was BNSS Section 442 in the CrPC?
BNSS Section 442 (High Court's powers of revision) replaces Section 401 of the Code of Criminal Procedure, 1973. CrPC 401 is now BNSS 442.
Still citing the CrPC? Convert any old section in seconds, or keep the whole case — dates, clients and sections — in one diary.
Nearby BNSS sections
- BNSS 437 — Disposal of case according to decision of High Court
- BNSS 438 — Calling for records to exercise powers of revision
- BNSS 439 — Power to order inquiry
- BNSS 440 — Sessions Judge's powers of revision
- BNSS 441 — Power of Additional Sessions Judge
- BNSS 443 — Power of High Court to withdraw or transfer revision cases
- BNSS 444 — Option of Court to hear parties
- BNSS 445 — High Court's order to be certified to lower Court
- BNSS 446 — Power of Supreme Court to transfer cases and appeals
- BNSS 447 — Power of High Court to transfer cases and appeals
