Section 440 BNSS: Sessions Judge's Powers of Revision
Section 440 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the revisional jurisdiction of a Sessions Judge. It enables the Sessions Judge, after calling for the record of a proceeding, to exercise the revisional powers referred to in Section 442 and also makes the Sessions Judge's decision final against a second revision at the instance of the same person.
Current law: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023 and came into force from 1 July 2024. Section 440 is the BNSS provision corresponding broadly to Section 399 of the Code of Criminal Procedure, 1973.
What Section 440 BNSS provides
| Provision | Section 440, Bharatiya Nagarik Suraksha Sanhita, 2023 |
|---|---|
| Subject | Sessions Judge's powers of revision |
| Related provision | Section 442 BNSS, which sets out the High Court's revisional powers referred to by Section 440 |
| Earlier equivalent | Section 399, Code of Criminal Procedure, 1973 |
| Effective date of BNSS | 1 July 2024 |
Statutory text of Section 440 BNSS
440. Sessions Judge's powers of revision.—(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.
Meaning and scope of Section 440
1. Revisional power after the record is called for
Sub-section (1) authorises the Sessions Judge to exercise the revisional powers available under Section 442(1) when the record of the proceeding has been called for. The provision therefore operates with the BNSS framework governing the calling for records and revisional supervision of inferior criminal courts.
2. Section 442 safeguards also apply
Sub-section (2) applies the safeguards and limitations contained in Section 442(2) to (5), so far as applicable, to a revision before the Sessions Judge. For that purpose, references in those sub-sections to the High Court are read as references to the Sessions Judge.
3. Bar on a second revision by the same person
Sub-section (3) makes the Sessions Judge's revisional decision final in relation to the person who invoked that jurisdiction. A further proceeding by way of revision at that person's instance cannot then be entertained by the High Court or another court.
Practical point: Section 440(3) concerns a further proceeding by way of revision. Whether another constitutional, inherent, or other statutory remedy may be available depends on the facts, the nature of the order, and the governing law; it should not be treated as an automatic substitute for a barred second revision.
How Section 440 fits into the BNSS revision scheme
- Section 438 BNSS deals with calling for records to exercise powers of revision.
- Section 439 BNSS deals with the power to order inquiry.
- Section 440 BNSS sets out the Sessions Judge's revisional powers.
- Section 442 BNSS contains the High Court's revisional powers referred to in Section 440.
Section 440 BNSS and former Section 399 CrPC
Section 440 BNSS substantially carries forward the structure of former Section 399 CrPC. The principal legislative function remains the same: a Sessions Judge exercising revision may use specified High Court revisional powers, and a person who chooses revision before the Sessions Judge cannot pursue a second revision before the High Court on the same footing.
Frequently asked questions
What is Section 440 BNSS?
It is the provision governing the Sessions Judge's powers of revision under the Bharatiya Nagarik Suraksha Sanhita, 2023.
Can a Sessions Judge exercise High Court revisional powers?
Section 440(1) permits the Sessions Judge to exercise all or any of the powers that may be exercised by the High Court under Section 442(1), in the circumstances stated in the provision.
Can a person file a second revision before the High Court after approaching the Sessions Judge?
Section 440(3) states that when a revision application is made by or on behalf of a person before the Sessions Judge, the Sessions Judge's decision in relation to that person is final and no further proceeding by way of revision at that person's instance shall be entertained by the High Court or any other court.
Which CrPC provision corresponds to Section 440 BNSS?
The broadly corresponding provision under the Code of Criminal Procedure, 1973 was Section 399.
Note: This page is a general legal information resource. The application of revisional jurisdiction can depend on the nature of the impugned order, limitation, maintainability, and the facts of the case.