CrPC 397→BNSS 438

CrPC 397 to BNSS 438: Calling for records to exercise powers of revision

Section 397 CrPC (1973) replaced by Section 438 BNSS (2023)

View CrPC Section 397 →View BNSS Section 438 →

CrPC 397 to BNSS 438 at a Glance

Section 397 CrPC (Calling for records to exercise powers of revision) is now Section 438 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 397 to BNSS 438?

Section 397 of the Code of Criminal Procedure, 1973 became Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024 with only changes of form. The revision rule is unchanged. In Section 438(1) BNSS, release on bail or on his own bond becomes release on his own bond or bail bond, a change of form because Section 2(1)(e) BNSS defines a bond as an undertaking for release without surety and Section 2(1)(d) BNSS defines a bail bond as an undertaking for release with surety. The Explanation updates the cross-reference from Section 398 CrPC to Section 439 BNSS.

CrPC 397 vs BNSS 438: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section397438
HeadingCalling for records to exercise powers of revisionSame
Sub-sections3 sub-sectionsSame
Cross-referencess.398s.439

CrPC 397 and BNSS 438: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 397, CrPC 1973

397. Calling for records to exercise powers of revision.—(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling, for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement that he be released on bail or on his own bond pending the examination of the record. Explanation.—All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section and of section 398. (2) The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. (3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.
BNSS 2023 (in force)

Section 438, BNSS 2023

438. Calling for records to exercise powers of revision.—(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling, for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement that he be released on his own bond or bail bond pending the examination of the record. Explanation.—All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section and of section 439. (2) The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. (3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.

When It Applies: CrPC 397 vs BNSS 438

Under CrPC 397
  1. The High Court or a Sessions Judge may under Section 397(1) of the Code of Criminal Procedure, 1973 call for and inspect the record of a proceeding from any lower Criminal Court located within its or his local territorial limits.
  2. The revising court examines the record under Section 397(1) CrPC to satisfy itself or himself as to the correctness, legality or propriety of any finding, sentence or order, and to check the regularity of the lower court proceedings.
  3. When calling for the record under Section 397(1) CrPC, the High Court or Sessions Judge may direct that execution of the sentence or order be suspended and, if the accused is in confinement, order his release on bail or on his own bond while the record is examined.
  4. Under the Explanation to Section 397(1) CrPC, every Executive or Judicial Magistrate, whether exercising original or appellate jurisdiction, shall be deemed inferior to the Sessions Judge for revision under Section 397(1) CrPC and for inquiry directions under Section 398 CrPC.
Under BNSS 438
  1. The High Court or a Sessions Judge may under Section 438(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 call for and inspect the record of a proceeding from any lower Criminal Court located within its or his local territorial limits.
  2. The revising court examines the record under Section 438(1) BNSS to satisfy itself or himself as to the correctness, legality or propriety of any finding, sentence or order, and to check the regularity of the lower court proceedings.
  3. When calling for the record under Section 438(1) BNSS, the High Court or Sessions Judge may direct that execution of the sentence or order be suspended and, if the accused is in confinement, order his release on his own bond or bail bond while the record is examined.
  4. Under the Explanation to Section 438(1) BNSS, every Executive or Judicial Magistrate, whether exercising original or appellate jurisdiction, shall be deemed inferior to the Sessions Judge for revision under Section 438(1) BNSS and for inquiry directions under Section 439 BNSS.

What CrPC 397 to BNSS 438 Means in Practice

Because the differences between Section 397 of the Code of Criminal Procedure, 1973 and Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 are changes of form, the scope of revision is unchanged from 1 July 2024. The High Court and the Sessions Judge retain the same power to call for lower court records, suspend sentences or orders, and release a confined accused pending examination. Revision of interlocutory orders, and a further application by the same person to the other court, remain barred.

FAQs: CrPC 397 to BNSS 438

Did the power to call for records in revision change from Section 397 CrPC to Section 438 BNSS?▼

No. The power in Section 397 of the Code of Criminal Procedure, 1973 is carried forward unchanged into Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Both provisions allow the High Court or any Sessions Judge to call for and examine the record of any proceeding before an inferior Criminal Court within its or his local jurisdiction to check the correctness, legality or propriety of any finding, sentence or order, and the regularity of proceedings.

Why does Section 438(1) BNSS use the words his own bond or bail bond instead of bail or on his own bond?▼

Replacing release on bail or on his own bond in Section 397(1) of the Code of Criminal Procedure, 1973 with release on his own bond or bail bond in Section 438(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 is a change of form. It aligns the wording with the definitions in the Sanhita, where Section 2(1)(e) BNSS defines a bond as an undertaking for release without surety and Section 2(1)(d) BNSS defines a bail bond as an undertaking for release with surety.

Are the restrictions in Section 397(2) CrPC and Section 397(3) CrPC retained in Section 438 BNSS?▼

Yes. Section 438(2) and Section 438(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 retain the exact rules of Section 397(2) and Section 397(3) of the Code of Criminal Procedure, 1973. Revision powers shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding, and if a person has applied to either the High Court or the Sessions Judge, no further application by that person shall be entertained by the other court.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·