Section 444 BNSS: Option of Court to hear parties (Formerly Section 403 CrPC)

Section 444 of Bharatiya Nagarik Suraksha Sanhita, 2023: Option of Court to hear parties

Official Bare Act Text

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

Save as otherwise expressly provided by this Sanhita, no party has any right to be heard either personally or by an advocate before any Court exercising its powers of revision; but the Court may, if it thinks fit, when exercising such powers, hear any party either personally or by an advocate.

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 444

Section 444 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 403 of the CrPC, 1973) clarifies that no party has any right to be heard personally or by advocate before any Court exercising revisional powers, subject to court discretion and statutory exceptions.

No Absolute Right of Oral Hearing: Except as otherwise provided in this Sanhita, no party has any right to be heard either personally or by advocate before any Court exercising its powers of revision.
Court's Discretion to Hear: The Court may, if it thinks fit, when exercising such powers, hear any party either personally or by advocate.
Statutory Hearing Exceptions: Does not override Section 439 Proviso or Section 442(2), which mandatorily require hearing before any order prejudicial to the accused is passed.

Key Landmark Precedents:

P.K. Ghosh v. J.G. Rajput, (1995) 6 SCC 744: The Supreme Court noted that while Section 403 CrPC (Section 444 BNSS) gives discretion to the revisional court, judicial convention demands that parties be afforded a hearing before adverse orders are made.
Manharibhai Muljibhai Patel v. Shaileshbhai Mohanbhai Patel, (2012) 10 SCC 517: Held that no revisional order affecting an accused or discharged person can be passed without an effective hearing.

Courtroom Practice & Strategic Litigation Guidance:

In revisional proceedings, file comprehensive written submissions and citations along with the petition, so that even if oral arguments are curtailed, your complete legal contentions are before the revisional bench.