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 Nijamuddin

Advocate Nijamuddin

Cheque Bounce, Criminal, Divorce, Domestic Violence, Motor Accident, Muslim Law

Get Advice
Advocate E Venugopal

Advocate E Venugopal

Criminal, Cheque Bounce, Civil, Family, Divorce

Get Advice
Advocate S Srishailam

Advocate S Srishailam

Anticipatory Bail,Arbitration,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Court Marriage,Criminal,Divorce,Documentation,Domestic Violence,Family,High Court,Labour & Service,Landlord & Tenant,Motor Accident,Muslim Law,Succession Certificate,Revenue,

Get Advice
Advocate S C Subbannanavar

Advocate S C Subbannanavar

Anticipatory Bail, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Criminal, Family, Motor Accident, Muslim Law

Get Advice
Advocate Vishal Bhimrao Chavan

Advocate Vishal Bhimrao Chavan

Court Marriage, Banking & Finance, Anticipatory Bail, Cheque Bounce, Consumer Court, Divorce, Family, Motor Accident, Succession Certificate, Revenue, RERA, Domestic Violence

Get Advice
Advocate Vrushali Salvi

Advocate Vrushali Salvi

Anticipatory Bail,Cheque Bounce,Consumer Court,Criminal,Divorce,Domestic Violence,Family,High Court,Succession Certificate,RERA,Recovery,Arbitration,

Get Advice
Advocate Gundelli Rajasekar

Advocate Gundelli Rajasekar

Anticipatory Bail, Cheque Bounce, Civil, Criminal, Divorce, Domestic Violence, Family, High Court, Motor Accident, Succession Certificate, Revenue

Get Advice
Advocate Rahul Kumar Saha

Advocate Rahul Kumar Saha

Consumer Court, Civil, Arbitration, Court Marriage, High Court, Landlord & Tenant, R.T.I, Family, Divorce, Cyber Crime, Immigration, Insurance, Criminal, Cheque Bounce, Child Custody, Succession Certificate, Motor Accident, Media and Entertainment, Banking & Finance, Property

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.