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.
