Section 440 BNSS: Sessions Judge's powers of revision (Formerly Section 399 CrPC)

Section 440 of Bharatiya Nagarik Suraksha Sanhita, 2023: Sessions Judge's powers of revision

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) In the case of any proceeding the record of which has been called for by himself, the Sessions Judge may exercise all or any of the powers which may be exercised by the High Court under sub-section (1) of section 442.

(2) Where any proceeding by way of revision is commenced before a Sessions Judge under sub-section (1), the provisions of sub-sections (2), (3), (4) and (5) of section 442 shall, so far as may be, apply to such proceeding and references in the said sub-sections to the High Court shall be construed as references to the Sessions Judge.

(3) Where any application for revision is made by or on behalf of any person before the Sessions Judge, the decision of the Sessions Judge thereon in relation to such person shall be final and no further proceeding by way of revision at the instance of such person shall be entertained by the High Court or any other Court.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 440

Section 440 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 399 of the CrPC, 1973) delineates the extensive revisional powers of the Sessions Judge, conferring parity with High Court revisional powers and establishing that a revisional order of the Sessions Judge is final as between the parties.

Parity with High Court Revisional Powers: In the case of any proceeding the record of which has been called for by himself, the Sessions Judge may exercise all or any of the powers which may be exercised by the High Court under Section 442(1).
Finality of Sessions Revisional Order: Where any application for revision is made by or on behalf of any person before the Sessions Judge, the decision of the Sessions Judge thereon shall be final, and no further revision shall lie at the instance of that person before the High Court.
Bar on Interlocutory Orders: Subject to the overarching statutory bar against entertaining revisions from interlocutory orders under Section 438(2).

Key Landmark Precedents:

Krishnan v. Krishnaveni, (1997) 4 SCC 241: The Supreme Court authoritatively held that while a second revision before the High Court is barred under Section 399(3) CrPC (Section 440(3) BNSS), the inherent powers of the High Court under Section 482 CrPC (Section 528 BNSS) remain preserved to prevent grave abuse of process.
Dhariwal Tobacco Products Ltd. v. State of Maharashtra, (2009) 2 SCC 370: Reaffirmed that the bar on second revision cannot curtail the constitutional supervisory jurisdiction of the High Court.

Courtroom Practice & Strategic Litigation Guidance:

If your revision is dismissed by the Sessions Judge under Section 440, do not file a second revision before the High Court; instead, invoke the High Court's inherent jurisdiction under Section 528 BNSS pleading patent miscarriage of justice.