CrPC 399→BNSS 440

CrPC 399 to BNSS 440: Sessions Judge's powers of revision

Section 399 CrPC (1973) replaced by Section 440 BNSS (2023)

View CrPC Section 399 →View BNSS Section 440 →

CrPC 399 to BNSS 440 at a Glance

Section 399 CrPC (Sessions Judge's powers of revision) is now Section 440 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 399 to BNSS 440?

Section 399 CrPC became Section 440 BNSS from 1 July 2024. The heading is the same. The text is the same except that Section 440 BNSS refers to Section 442 BNSS where Section 399 CrPC referred to Section 401 CrPC.

CrPC 399 vs BNSS 440: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section399440
HeadingSessions Judge's powers of revisionSame
Sub-sections3 sub-sectionsSame
Cross-referencess.401s.442

CrPC 399 and BNSS 440: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 399, CrPC 1973

399. 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 401. (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 401 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.
BNSS 2023 (in force)

Section 440, BNSS 2023

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.

When It Applies: CrPC 399 vs BNSS 440

Under CrPC 399
  1. In the case of a proceeding the record of which has been called for by the Sessions Judge, the Sessions Judge may exercise all or any of the powers which may be exercised by the High Court under Section 401(1) CrPC.
  2. Where a proceeding by way of revision is commenced before a Sessions Judge under Section 399(1) CrPC, the provisions of Section 401(2) CrPC to Section 401(5) CrPC shall, so far as may be, apply, and references in them to the High Court shall be construed as references to the Sessions Judge.
  3. Where an application for revision is made by or on behalf of any person before the Sessions Judge, the decision of the Sessions Judge on it in relation to that person shall be final.
  4. No further proceeding by way of revision at the instance of that person shall be entertained by the High Court or any other Court.
Under BNSS 440
  1. In the case of a proceeding the record of which has been called for by the Sessions Judge, the Sessions Judge may exercise all or any of the powers which may be exercised by the High Court under Section 442(1) BNSS.
  2. Where a proceeding by way of revision is commenced before a Sessions Judge under Section 440(1) BNSS, the provisions of Section 442(2) BNSS to Section 442(5) BNSS shall, so far as may be, apply, and references in them to the High Court shall be construed as references to the Sessions Judge.
  3. Where an application for revision is made by or on behalf of any person before the Sessions Judge, the decision of the Sessions Judge on it in relation to that person shall be final.
  4. No further proceeding by way of revision at the instance of that person shall be entertained by the High Court or any other Court.

What CrPC 399 to BNSS 440 Means in Practice

From 1 July 2024 the revision powers of the Sessions Judge are found in Section 440 BNSS. The High Court powers it refers to are in Section 442 BNSS where Section 399 CrPC referred to Section 401 CrPC.

FAQs: CrPC 399 to BNSS 440

Where is Section 399 CrPC found from 1 July 2024?▼

Section 399 CrPC is found in Section 440 BNSS. The heading is the same, and the text is the same except for renumbered cross-references.

Which cross-references were renumbered from Section 399 CrPC to Section 440 BNSS?▼

Section 440(1) BNSS refers to Section 442(1) BNSS where Section 399(1) CrPC referred to Section 401(1) CrPC. Section 440(2) BNSS refers to Section 442(2) BNSS to Section 442(5) BNSS where Section 399(2) CrPC referred to Section 401(2) CrPC to Section 401(5) CrPC.

Does the text on finality differ between Section 399(3) CrPC and Section 440(3) BNSS?▼

No. Section 440(3) BNSS and Section 399(3) CrPC have the same text on the decision of the Sessions Judge being final.

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: 21 Oct 2026 ·