Section 443 BNSS: Power of High Court to withdraw or transfer revision cases (Formerly Section 402 CrPC)

Section 443 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power of High Court to withdraw or transfer revision cases

Official Bare Act Text

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

(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.

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 443

Section 443 of the Bharatiya Nagarik Suraksha Sanhita, 2023 confers plenary power on the Supreme Court to transfer criminal cases and appeals across States.

Appellate Remedies & Forum: Section 443 provides that whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court.
Supreme Court: The Supreme Court acts on the application of the Attorney General of India or of an interested party supported by an affidavit.

Key Landmark Precedents:

K.A. Abbas v. Union of India (1970) 2 SCC 780: The Supreme Court held that transfer of cases under Section 406 CrPC (Sec 443 BNSS) is granted where the local atmosphere is so saturated with hostility, prejudice, or political tension that a fair and impartial trial is impossible.
Abdul Nazar Madani v. State of Tamil Nadu (2000) 6 SCC 204: Affirmed that the apprehension of bias or unfair trial must be reasonable, real, and substantiated by credible material, not based on fanciful or subjective apprehensions.

Legal Commentary:

Section 443 represents the ultimate constitutional transfer power to guarantee impartial justice. Litigants seeking transfer across state borders must present documented evidence of physical threats, communal bias, or institutional breakdown that paralyzes the local defense.