Section 441 BNSS: Power of Additional Sessions Judge (Formerly Section 400 CrPC)

Section 441 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power of Additional Sessions Judge

Official Bare Act Text

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

An Additional Sessions Judge shall have and may exercise all the powers of a Sessions Judge under this Chapter in respect of any case which may be transferred to him by or under any general or special order of the Sessions Judge.

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 441

Section 441 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 400 of the CrPC, 1973) regulates the revisional powers of an Additional Sessions Judge, restricting them to cases made over by the Sessions Judge or transferred by the High Court.

Jurisdiction upon Make-Over: An Additional Sessions Judge shall have and may exercise all the powers of a Sessions Judge in respect of any case which may be made over to them by general or special order of the Sessions Judge or High Court.
Equal Revisional Competence: Once made over, the Additional Sessions Judge exercises identical powers as the Sessions Judge under Section 440.
Finality of Decision: The decision of the Additional Sessions Judge on the revision has the same legal finality as that of the Sessions Judge.

Key Landmark Precedents:

State of Punjab v. Pritam Singh, 1982 Cri LJ 1102: Held that an Additional Sessions Judge cannot entertain a revision petition directly unless it has been transferred or made over by an administrative order of the Sessions Judge.
Krishnan v. Krishnaveni, (1997) 4 SCC 241: Reaffirmed the unified institutional framework of the Court of Session regarding revisional jurisdiction.

Courtroom Practice & Strategic Litigation Guidance:

Verify that the revision petition was formally assigned to the Additional Sessions Judge via the Sessions Judge's cause list or assignment order to ensure valid subject-matter competence.