Section 442 BNSS: High Court's Powers of Revision
Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) defines the revisional powers of a High Court in criminal proceedings. It identifies the appellate and Sessions Court powers that may be exercised in revision, protects the right of an affected person to be heard, restricts conversion of an acquittal into a conviction, and regulates the relationship between appeals and revisions.
What does Section 442 BNSS provide?
Section 442 appears in Chapter XXXII of the BNSS, which deals with Reference and Revision. In practical terms, revisional jurisdiction enables the High Court to examine criminal proceedings that come before it through a record called for by the Court or otherwise come to its knowledge, and to exercise the powers permitted by the section where intervention is legally justified.
Text of Section 442 BNSS
442. High Court's powers of revision.
(1) In the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 427, 430, 431 and 432 or on a Court of Session by section 344, and, when the Judges composing the Court of revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 433.
(2) No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by advocate in his own defence.
(3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one of conviction.
(4) Where under this Sanhita an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed.
(5) Where under this Sanhita an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly.
Meaning and scope of Section 442
1. Discretionary revisional power of the High Court
Sub-section (1) gives the High Court discretion to exercise specified powers that are otherwise available to an appellate court or a Court of Session. The provision links revisional jurisdiction to the powers mentioned in Sections 427, 430, 431, 432 and 344 BNSS. Where Judges constituting the revisional court are equally divided, Section 433 governs the manner of disposal.
2. Hearing is mandatory before a prejudicial order
Under sub-section (2), the High Court cannot make an order prejudicial to the accused or another person without giving that person an opportunity of being heard, either personally or through an advocate. This statutory safeguard reflects the basic requirement that a person who may be adversely affected should have an opportunity to defend his or her position.
3. Acquittal cannot be directly converted into conviction in revision
Sub-section (3) expressly limits the revisional power by providing that the High Court is not authorised under Section 442 to convert a finding of acquittal into a finding of conviction.
4. Revision is barred where an available appeal was not filed
Sub-section (4) states that when the BNSS provides a right of appeal but the eligible party does not file that appeal, the party ordinarily cannot invoke revision instead. This maintains the distinction between appellate and revisional remedies.
5. Revision may be treated as an appeal in the interests of justice
Sub-section (5) provides a corrective mechanism. If a person filed a revision under an erroneous belief that no appeal was available, the High Court may treat the revision as an appeal when it is satisfied about that mistaken belief and considers such treatment necessary in the interests of justice.
Section 442 at a glance
| Provision | Effect |
|---|---|
| Section 442(1) | Allows the High Court, in its discretion, to exercise specified appellate and Sessions Court powers in revision. |
| Section 442(2) | Requires an opportunity of hearing before an order prejudicial to the accused or another person is made. |
| Section 442(3) | Prohibits direct conversion of an acquittal into a conviction in revision. |
| Section 442(4) | Bars revision at the instance of a party who could have appealed but did not do so. |
| Section 442(5) | Permits a mistaken revision application to be treated as an appeal where the statutory conditions are satisfied. |
Related BNSS provisions
- Section 441 - Power of Additional Sessions Judge
- Section 443 - Power of High Court to withdraw or transfer revision cases
- Section 444 - Option of Court to hear parties
- Section 445 - High Court's order to be certified to lower Court
Practical significance
Section 442 is important because it defines both the authority and the limits of High Court revision. A revision is not a substitute for every appeal. The provision preserves hearing rights, prevents a revisional court from directly turning an acquittal into a conviction, and gives the High Court limited flexibility to treat an incorrectly filed revision as an appeal where the statutory requirements are met.
Note: This page provides general legal information on the statutory provision. Application of revisional jurisdiction depends on the facts, the nature of the challenged order, maintainability requirements, and other applicable provisions of the BNSS.