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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXXII: Reference And Revision

Section 443 BNSS: Power of High Court to withdraw or transfer revision cases

Corresponding CrPC
Section 402 CrPC

Bare Act text

(1) Whenever one or more persons convicted at the same trial makes or make application to a High Court for revision and any other person convicted at the same trial makes an application to the Sessions Judge for revision, the High Court shall decide, having regard to the general convenience of the parties and the importance of the questions involved, which of the two Courts should finally dispose of the applications for revision and when the High Court decides that all the applications for revision should be disposed of by itself, the High Court shall direct that the applications for revision pending before the Sessions Judge be transferred to itself and where the High Court decides that it is not necessary for it to dispose of the applications for revision, it shall direct that the applications for revision made to it be transferred to the Sessions Judge.

(2) Whenever any application for revision is transferred to the High Court, that Court shall deal with the same as if it were an application duly made before itself.

(3) Whenever any application for revision is transferred to the Sessions Judge, that Judge shall deal with the same as if it were an application duly made before himself.

(4) Where an application for revision is transferred by the High Court to the Sessions Judge, no further application for revision shall lie to the High Court or to any other Court at the instance of the person or persons whose applications for revision have been disposed of by the Sessions Judge.

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

Where persons convicted at the same trial apply for revision both to the High Court and to the Sessions Judge, the High Court decides which of the two Courts should finally dispose of the applications, having regard to the parties' convenience and the importance of the questions involved.

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