Section 443 – Power of High Court to Withdraw or Transfer Revision Cases

Introduction

Section 443 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the power of the High Court to withdraw or transfer revision cases.

The provision gives the High Court the authority to withdraw or transfer a revision case that has been instituted before a Sessions Judge or Additional Sessions Judge. It also enables the High Court to deal with the transferred or withdrawn revision case itself or transfer it to another court in accordance with the law.

Section 443 is part of the provisions relating to Reference and Revision and follows Section 442, which deals with the High Court’s powers of revision.

Meaning of Section 443

Section 443 enables the High Court to exercise control over revision proceedings pending before the Sessions Court.

Where a revision case has been instituted before a Sessions Judge or Additional Sessions Judge, the High Court may:

• withdraw the case from that court; or
• transfer the case to another court.

The provision ensures that the High Court can appropriately manage revisional proceedings when circumstances require intervention at the superior judicial level.

Object and Purpose

The main purpose of Section 443 is to provide the High Court with a mechanism to withdraw or transfer revision cases pending before subordinate revisional courts.

The provision helps:

• ensure proper administration of revisional jurisdiction;
• prevent conflicting or inappropriate proceedings;
• facilitate transfer of cases where necessary;
• allow the High Court to exercise its superior supervisory authority; and
• ensure that revision cases are dealt with by the appropriate court.

When Can the High Court Exercise This Power?

The provision applies when a revision case has been instituted before:

• a Sessions Judge; or
• an Additional Sessions Judge.

The High Court may then exercise its statutory power to withdraw or transfer the case.

This power is part of the High Court’s supervisory control over revisional proceedings.

Withdrawal of a Revision Case

The High Court may withdraw a revision case from the Sessions Judge or Additional Sessions Judge.

Once withdrawn, the High Court may deal with the case itself in accordance with the applicable revisional provisions.

This enables the High Court to take direct control of a revision proceeding when circumstances justify such action.

Transfer of a Revision Case

Instead of dealing with the matter itself, the High Court may also transfer the revision case to another appropriate court.

The transfer mechanism provides flexibility in the administration of revision proceedings.

The High Court may therefore decide whether the case should:

1. remain before the existing court;
2. be withdrawn and dealt with by the High Court; or
3. be transferred to another competent court, as permitted by law.

High Court’s Supervisory Role

Section 443 reflects the hierarchical nature of the criminal justice system.

The Sessions Judge and Additional Sessions Judge exercise revisional jurisdiction over subordinate Criminal Courts. The High Court, being the superior court, has supervisory authority over those proceedings.

The power to withdraw or transfer a revision case allows the High Court to ensure that the revisional process functions properly.

Section 443 and Section 442

These provisions should be understood together.

Section 442

Section 442 deals with the High Court’s powers of revision.

It establishes the revisional jurisdiction of the High Court.

Section 443

Section 443 deals specifically with the withdrawal or transfer of revision cases instituted before a Sessions Judge or Additional Sessions Judge.

Therefore:

Section 442 → High Court’s revisional powers

Section 443 → High Court’s power to withdraw or transfer revision cases

Procedure in Simple Terms

The operation of Section 443 can be understood through the following steps:

1. A revision case is instituted before a Sessions Judge or Additional Sessions Judge.
2. The High Court considers that the case should be withdrawn or transferred.
3. The High Court exercises its power under Section 443.
4. The revision case is withdrawn from the concerned court or transferred as directed.
5. The case is thereafter dealt with by the court specified in the High Court’s order.

Example

Suppose a revision case is pending before an Additional Sessions Judge.

For a legally recognised reason, the High Court considers that the revision should no longer be dealt with by that court.

The High Court may withdraw the revision case and deal with it itself or transfer it to another competent court according to the statutory framework.

This prevents the revisional proceeding from remaining before a court when the High Court considers intervention appropriate.

Why Is This Provision Important?

Section 443 is important because revision proceedings require effective judicial supervision.

The provision allows the High Court to respond to situations where:

• a revision case needs to be moved to another court;
• the High Court considers it appropriate to deal with the matter itself;
• administrative or judicial circumstances require transfer; or
• superior judicial supervision is necessary.

It therefore contributes to the orderly functioning of revisional jurisdiction.

Nature of the Power

The power under Section 443 is supervisory and procedural.

It does not itself determine whether the original order challenged in revision was correct or incorrect.

Instead, it determines which court should deal with the revision case.

This distinction is important.

Section 442 concerns the substantive exercise of the High Court’s revisional jurisdiction, while Section 443 provides a mechanism for controlling the forum in which a revision case is heard.

Revision Case vs Original Criminal Case

Section 443 specifically concerns revision cases.

It should not be confused with the general provisions dealing with transfer of criminal trials or other proceedings.

The provision is specifically situated within the framework governing reference and revision.

Relationship with Sessions Judge and Additional Sessions Judge

The provision is particularly relevant because revision cases may be heard at the Sessions Court level.

Under the BNSS:

• Section 440 deals with the revisional powers of the Sessions Judge.
• Section 441 deals with the powers of the Additional Sessions Judge.
• Section 443 provides the High Court with authority to withdraw or transfer revision cases instituted before those courts.

The provisions therefore create a clear hierarchy of revisional supervision.

Important Distinction

Withdrawal vs Transfer

Withdrawal means taking the revision case away from the Sessions Judge or Additional Sessions Judge.

The High Court may then deal with the case itself.

Transfer means moving the revision case from one competent court to another as directed by the High Court.

Revision vs Transfer

Section 443 does not itself decide the merits of the revision.

It concerns the withdrawal or transfer of the revision proceeding.

The merits of the revision are dealt with under the applicable revisional provisions.

BNSS and CrPC

Section 443 of the BNSS corresponds to Section 402 of the Code of Criminal Procedure, 1973 (CrPC).

The earlier CrPC provision similarly dealt with the power of the High Court to withdraw or transfer revision cases.

The BNSS retains this mechanism within its Reference and Revision framework.

The corresponding sequence is:

• Section 438 BNSS – Calling for records to exercise powers of revision
• Section 439 BNSS – Power to order inquiry
• Section 440 BNSS – Sessions Judge’s powers of revision
• Section 441 BNSS – Power of Additional Sessions Judge
• Section 442 BNSS – High Court’s powers of revision
• Section 443 BNSS – Power of High Court to withdraw or transfer revision cases

Relationship with Other BNSS Provisions

Section 443 should be read along with the following provisions:

• Section 436: Reference to High Court
• Section 437: Disposal of case according to decision of High Court
• Section 438: Calling for records to exercise powers of revision
• Section 439: Power to order inquiry
• Section 440: Sessions Judge’s powers of revision
• Section 441: Power of Additional Sessions Judge
• Section 442: High Court’s powers of revision
• 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

Common Confusions

Does Section 443 allow the High Court to transfer any criminal case?

No.

Section 443 specifically concerns revision cases instituted before a Sessions Judge or Additional Sessions Judge.

Does withdrawal mean that the revision is automatically allowed?

No.

Withdrawal concerns which court will deal with the revision. It does not by itself determine the merits of the revision.

Can the High Court deal with a revision case after withdrawing it?

Yes.

The provision allows the High Court to withdraw a revision case and deal with it in accordance with the applicable law.

Is Section 443 the same as the High Court’s revisional power?

No.

Section 442 deals with the High Court’s powers of revision, while Section 443 deals specifically with withdrawal or transfer of revision cases.

Does transfer decide the merits of the case?

No.

Transfer only changes the forum or court dealing with the revision. The merits must be determined according to the applicable revisional provisions.

Topic at a Glance

• Topic: Power of High Court to withdraw or transfer revision cases
• BNSS Section: Section 443
• Nature: Supervisory and procedural
• Authority: High Court
• Cases covered: Revision cases instituted before a Sessions Judge or Additional Sessions Judge
• Power: Withdraw or transfer revision cases
• Purpose: Proper administration and supervision of revision proceedings
• Related provision: Section 442 – High Court’s powers of revision
• CrPC equivalent: Section 402 CrPC

Quick Revision

• Section 443 BNSS deals with the High Court’s power to withdraw or transfer revision cases.
• It applies to revision cases instituted before a Sessions Judge or Additional Sessions Judge.
• The High Court may withdraw a revision case.
• The High Court may also transfer a revision case in accordance with the statutory framework.
• Withdrawal or transfer does not itself decide the merits of the revision.
• The provision strengthens the High Court’s supervisory control over revisional proceedings.
• Section 443 is different from Section 442, which deals with the High Court’s revisional powers.
• Section 443 substantially corresponds to Section 402 of the CrPC.

ASLO READ: Section 442 – High Court’s powers of revision

Conclusion

Section 443 of the BNSS gives the High Court an important supervisory power over revision cases pending before the Sessions Court. It allows the High Court to withdraw or transfer such cases when appropriate, thereby ensuring that revisional proceedings are handled within the proper judicial framework. The provision does not itself determine the merits of a revision; rather, it regulates the forum and supports the effective administration of revisional jurisdiction.