Law4u - Made in India

What Is BNSS Section 440?

Answer By law4u team

Section 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.

Brefe Detail

Section 440 outlines the powers of a Sessions Judge in the context of revising proceedings. It states that the Sessions Judge can exercise the same powers as the High Court in specific cases and establishes that decisions made by the Sessions Judge are final, preventing further revision by the High Court or any other court.

Question & Answers

What powers does a Sessions Judge have regarding revision?

A Sessions Judge may exercise all or any of the powers that the High Court can exercise under sub-section (1) of section 442 when he calls for a record of a proceeding.

What happens when a revision is commenced before a Sessions Judge?

The provisions of sub-sections (2), (3), (4), and (5) of section 442 apply to the proceeding, with references to the High Court being interpreted as references to the Sessions Judge.

Is the decision of the Sessions Judge on revision final?

Yes, the decision of the Sessions Judge in relation to an application for revision is final, and no further revision by the High Court or any other court will be entertained.

Example

If a defendant files a revision application before the Sessions Judge regarding a prior ruling, the Sessions Judge can review the case and make a decision. If the judge rules on the matter, that decision is final, and the defendant cannot seek further review from the High Court.

Summary

Section 440 of the Bharatiya Nagarik Suraksha Sanhita empowers the Sessions Judge to handle revisions similarly to the High Court, with the finality of their decisions established to streamline the judicial process and limit redundant appeals.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Advocate K K Verma

Advocate Advocate K K Verma

Anticipatory Bail, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Insurance, Motor Accident, Succession Certificate, Wills Trusts

Get Advice
Advocate T A Kasim

Advocate T A Kasim

Customs & Central Excise, Cyber Crime, Documentation, High Court, Immigration, International Law, Landlord & Tenant, Property, Trademark & Copyright

Get Advice
Advocate Namrata Mishra

Advocate Namrata Mishra

Anticipatory Bail, Breach of Contract, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Medical Negligence, Muslim Law, Succession Certificate, Bankruptcy & Insolvency, Banking & Finance

Get Advice
Advocate Sandip Kaushal

Advocate Sandip Kaushal

Criminal, Civil, High Court, Family, R.T.I, Supreme Court, Arbitration

Get Advice
Advocate Shubham Sharma

Advocate Shubham Sharma

Criminal, GST, Divorce, Anticipatory Bail, Court Marriage, Cheque Bounce, Family, Domestic Violence, Civil, Breach of Contract, Landlord & Tenant, Motor Accident

Get Advice
Advocate Mit Barad

Advocate Mit Barad

Banking & Finance, Cheque Bounce, Civil, Court Marriage, Divorce, Domestic Violence, Family, Motor Accident, Recovery, Wills Trusts, Revenue

Get Advice
Advocate Anand Mani Tripathi

Advocate Anand Mani Tripathi

Bankruptcy & Insolvency,Breach of Contract,Corporate,Criminal,Cyber Crime,GST,Tax,Trademark & Copyright,

Get Advice
Advocate Pankaj Singh Bisht

Advocate Pankaj Singh Bisht

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Documentation, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Medical Negligence, Motor Accident, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Tax, Trademark & Copyright, Wills Trusts, Revenue, Divorce, Immigration, International Law, Landlord & Tenant, Muslim Law, NCLT, Supreme Court

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.