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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXXII: Reference And Revision

Section 442 BNSS: High Court's powers of revision

Corresponding CrPC
Section 401 CrPC

Bare Act text

(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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

In a proceeding whose record it has called for or which otherwise comes to its knowledge, the High Court may in its discretion exercise any powers of a Court of Appeal under sections 427, 430, 431 and 432, or of a Court of Session under section 344. If the Judges composing the Court of revision are equally divided, the case is disposed of as section 433 provides. No order shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard personally or by advocate in his defence. Nothing in this section authorises a High Court to convert a finding of acquittal into one of conviction. Where an appeal lies under the Sanhita and none is brought, no revision is entertained at the instance of the party who could have appealed. Where an appeal lies but revision was applied for under an erroneous belief that no appeal lies, the High Court may, if satisfied and necessary in the interests of justice, treat the application as a petition of appeal.

Chapter XXXII: Reference And Revision

  1. 436 Reference to High Court
  2. 437 Disposal of case according to decision of High Court
  3. 438 Calling for records to exercise powers of revision
  4. 439 Power to order inquiry
  5. 440 Sessions Judge's powers of revision
  6. 441 Power of Additional Sessions Judge
  7. 442 High Court's powers of revision
  8. 443 Power of High Court to withdraw or transfer revision cases
  9. 444 Option of Court to hear parties
  10. 445 High Court's order to be certified to lower Court