Section 440 – Sessions Judge’s Powers of Revision

Introduction

Section 440 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the Sessions Judge’s powers of revision.

The provision empowers a Sessions Judge to exercise revisional powers in relation to proceedings and records of inferior Criminal Courts within the Sessions Judge’s jurisdiction.

It forms part of the BNSS provisions dealing with Reference and Revision and follows Section 438, which provides for calling for records to exercise revisional powers.

Meaning of Section 440

Section 440 provides that where a Sessions Judge has called for the record of a proceeding under Section 438, the Sessions Judge may exercise the same powers in relation to the proceedings as the High Court may exercise under the revisional provisions.

In simple terms, the Sessions Judge has significant revisional authority over subordinate Criminal Courts within the Sessions Division.

The provision ensures that parties have access to revisional supervision at the Sessions Court level without every matter having to be brought directly before the High Court.

Object and Purpose

The main purpose of Section 440 is to provide an effective mechanism for supervisory examination of subordinate criminal proceedings.

The provision helps ensure that subordinate Criminal Courts act:

• according to law;
• within their jurisdiction;
• through proper procedure; and
• in accordance with the requirements of justice.

It also helps reduce unnecessary burden on the High Court by allowing the Sessions Judge to exercise revisional powers within the Sessions Division.

Exercise of Revisional Powers

The Sessions Judge may exercise revisional powers after calling for the record of proceedings under Section 438.

The revisional jurisdiction enables the Sessions Judge to examine whether the subordinate court’s:

• finding;
• sentence;
• order; or
• proceedings

are correct, legal and proper and whether the proceedings have been conducted regularly.

Relationship with Section 438

Section 438 and Section 440 operate together.

Section 438

Section 438 provides for calling for records to exercise powers of revision.

It allows the High Court or Sessions Judge to call for and examine the record of proceedings before an inferior Criminal Court.

Section 440

Section 440 deals specifically with the Sessions Judge’s powers of revision after the record has been called for.

Therefore:

Section 438 → Calling for the record

Section 440 → Sessions Judge’s revisional powers

Powers Available to the Sessions Judge

The Sessions Judge may exercise the relevant revisional powers available under the BNSS.

This allows the Sessions Judge to examine the legality, correctness and propriety of the proceedings and orders of subordinate Criminal Courts.

The revisional jurisdiction is supervisory rather than equivalent to an ordinary appellate jurisdiction.

Transfer of Revisional Applications

Section 440 also works alongside the provisions governing the relationship between the Sessions Judge and the High Court in revision.

A person who has already approached the Sessions Judge in revision cannot ordinarily use the revisional jurisdiction of the High Court to obtain a second revisional examination of the same matter.

This reflects the statutory restriction against repeated revision proceedings.

Important Limitation

The revisional jurisdiction under Section 440 is subject to the limitations applicable to revisional powers under the BNSS.

In particular, the restriction concerning interlocutory orders under Section 438 is important.

Revisional jurisdiction cannot ordinarily be used to challenge interlocutory orders passed during:

• an appeal;
• an inquiry;
• a trial; or
• another proceeding.

This limitation is intended to prevent criminal proceedings from being delayed by repeated challenges to interim orders.

Sessions Judge and Magistrates

Section 438 explains that, for purposes of the revisional provisions, all Magistrates—whether Executive or Judicial and whether exercising original or appellate jurisdiction—are deemed to be inferior to the Sessions Judge.

This establishes the supervisory relationship between Magistrates and the Sessions Judge.

Consequently, proceedings before Magistrates can fall within the revisional jurisdiction of the Sessions Judge subject to the requirements of the BNSS.

Revisional Jurisdiction Is Discretionary

The powers exercised by the Sessions Judge under Section 440 are revisional powers.

The Sessions Judge does not have to interfere with every order merely because a party challenges it.

The purpose is to correct significant errors relating to:

• legality;
• correctness;
• propriety; or
• regularity of proceedings.

The revisional court exercises its jurisdiction according to the circumstances of the case and the limits imposed by the BNSS.

Example

Suppose a Magistrate passes an order in a criminal proceeding.

A party believes that the order is legally improper and seeks revisional examination.

The Sessions Judge may call for the record under Section 438 and exercise the revisional powers available under Section 440.

The Sessions Judge can examine the relevant proceedings and determine whether intervention is warranted under the law.

Another Example

Suppose a Magistrate conducts a proceeding in a manner that allegedly violates a mandatory procedural requirement.

A party approaches the Sessions Judge in revision.

The Sessions Judge may call for the record and examine whether the proceedings were conducted regularly and whether the resulting order is legal, correct and proper.

If the statutory requirements for interference are satisfied, the Sessions Judge may exercise the appropriate revisional power.

Revision vs Appeal

It is important to distinguish the revisional jurisdiction of the Sessions Judge from appellate jurisdiction.

Appeal

An appeal is a statutory remedy through which an appellate court reviews a decision within the scope provided by the relevant appellate provision.

Revision

Revision is a supervisory jurisdiction intended to ensure that subordinate courts have acted correctly, legally and properly and have followed the prescribed procedure.

Therefore, revision should not ordinarily be treated as a second appeal.

Revision Before Sessions Judge vs High Court

Both the Sessions Judge and High Court possess revisional powers under the BNSS, but the statutory scheme regulates how these powers are exercised.

A person cannot ordinarily seek successive revisional examination before both forums concerning the same matter.

The restrictions under the BNSS are designed to prevent multiple revision proceedings and unnecessary delay.

Importance of Section 440

Section 440 is important because it provides an accessible supervisory mechanism over subordinate Criminal Courts.

It:

• strengthens judicial supervision;
• allows errors of legality and procedure to be examined;
• provides an important remedy at the Sessions Court level;
• reduces unnecessary direct burden on the High Court; and
• supports uniformity in the administration of criminal justice.

BNSS and CrPC

Section 440 of the BNSS corresponds to Section 399 of the Code of Criminal Procedure, 1973 (CrPC).

The basic framework of Sessions Judge’s revisional powers has been substantially retained.

Under the earlier CrPC structure:

• Section 397 dealt with calling for records to exercise revisional powers;
• Section 398 dealt with the power to order inquiry;
• Section 399 dealt with the Sessions Judge’s powers of revision.

The BNSS correspondingly provides:

• Section 438 – Calling for records to exercise powers of revision;
• Section 439 – Power to order inquiry;
• Section 440 – Sessions Judge’s powers of revision.

Relationship with Other BNSS Provisions

Section 440 should be read along with the other provisions dealing with reference and revision:

• 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

Is the Sessions Judge’s revisional power the same as appellate power?

No.

Revision is supervisory in nature and is distinct from an appeal.

Can the Sessions Judge examine proceedings of a Magistrate?

Yes.

Magistrates are treated as inferior to the Sessions Judge for the purposes of the relevant revisional provisions.

Can every interlocutory order be challenged in revision?

No.

The revisional jurisdiction is subject to the restriction concerning interlocutory orders under Section 438.

Can a person seek revision before both the Sessions Judge and High Court?

The BNSS restricts successive revisional applications by the same person before both forums in respect of the same matter.

This prevents repeated challenges and unnecessary delay.

Does the Sessions Judge have unlimited revisional power?

No.

The power is subject to the statutory limits and conditions contained in the BNSS.

Topic at a Glance

• Topic: Sessions Judge’s powers of revision
• BNSS Section: Section 440
• Nature: Revisional jurisdiction
• Authority: Sessions Judge
• Preceding provision: Section 438 – Calling for records to exercise powers of revision
• Subject: Proceedings and records of inferior Criminal Courts
• Purpose: Examination of correctness, legality, propriety and regularity
• Important limitation: Revisional jurisdiction does not extend to interlocutory orders under Section 438
• CrPC equivalent: Section 399 CrPC

Quick Revision

• Section 440 BNSS deals with the Sessions Judge’s powers of revision.
• It operates after the Sessions Judge has called for the record under Section 438.
• The Sessions Judge may exercise the relevant revisional powers in relation to the proceedings.
• Magistrates are treated as inferior to the Sessions Judge for the purposes of the revisional provisions.
• Revisional jurisdiction is supervisory and is different from appellate jurisdiction.
• The power is subject to statutory limitations, including the restriction concerning interlocutory orders.
• Successive revisional applications before both the Sessions Judge and High Court are restricted.
• Section 440 substantially corresponds to Section 399 of the CrPC.

ALSO READ: Section 438 – Calling for records to exercise powers of revision

Conclusion

Section 440 of the BNSS provides the Sessions Judge with important revisional powers over subordinate Criminal Courts. It enables the Sessions Judge to examine the legality, correctness, propriety and regularity of proceedings and orders after calling for the relevant record. The provision strengthens judicial supervision at the Sessions level while ensuring that revisional jurisdiction remains subject to statutory limitations and is not used as a substitute for an ordinary appeal.