CrPC 401→BNSS 442

CrPC 401 to BNSS 442: High Court's powers of revision

Section 401 CrPC (1973) replaced by Section 442 BNSS (2023)

View CrPC Section 401 →View BNSS Section 442 →

CrPC 401 to BNSS 442 at a Glance

Section 401 CrPC (High Court's powers of revision) is now Section 442 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 401 to BNSS 442?

Section 401 of the Code of Criminal Procedure, 1973 became Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, with every sub-section retained and the revision rules unchanged. In Section 442(2) BNSS, the word pleader in Section 401(2) CrPC is replaced with advocate. The remaining differences are changes of form, namely renumbering the section, updating the cross-references in Section 401(1) CrPC from Sections 386, 389, 390, 391, 307 and 392 to Sections 427, 430, 431, 432, 344 and 433 in Section 442(1) BNSS, replacing Code with Sanhita in Section 442(4) BNSS and Section 442(5) BNSS, and lowercasing Revision and Justice.

CrPC 401 vs BNSS 442: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section401442
HeadingHigh Court's powers of revisionSame
Sub-sections5 sub-sectionsSame
Cross-referencess.386, s.389, s.390, s.391, s.392s.427, s.430, s.431, s.432, s.433

CrPC 401 and BNSS 442: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 401, CrPC 1973

401. High Court's powers of revision.—(1) In the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 386, 389, 390 and 391 or on a Court of Session by section 307, and, when the Judges composing the Court of Revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 392. (2) No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by pleader in his own defence. (3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one of conviction. (4) Where under this Code an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed. (5) Where under this Code an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of Justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly.
BNSS 2023 (in force)

Section 442, BNSS 2023

442. High Court's powers of revision.—(1) In the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 427, 430, 431 and 432 or on a Court of Session by section 344, and, when the Judges composing the Court of revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 433. (2) No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by advocate in his own defence. (3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one of conviction. (4) Where under this Sanhita an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed. (5) Where under this Sanhita an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly.

When It Applies: CrPC 401 vs BNSS 442

Under CrPC 401
  1. When the High Court has called for the record of any proceeding itself or the proceeding otherwise comes to its knowledge, it may, in its discretion, exercise any of the powers given to a Court of Appeal by Sections 386, 389, 390 and 391 or to a Court of Session by Section 307 of the Code of Criminal Procedure, 1973.
  2. If the Judges who make up the Court of Revision under Section 401(1) CrPC are equally divided in opinion, the case shall be disposed of in the way laid down by Section 392 CrPC.
  3. No order under Section 401(2) CrPC shall be made to the prejudice of the accused or other person unless that person has first been given an opportunity of being heard in defence, either in person or through a pleader.
  4. Where an appeal lies under the Code but any person files a revision application in the High Court, the High Court under Section 401(5) CrPC may treat that application as a petition of appeal and deal with it as one if satisfied that it was filed under the erroneous belief that no appeal lies thereto and that doing so is necessary in the interests of Justice.
Under BNSS 442
  1. When the High Court has called for the record of any proceeding itself or the proceeding otherwise comes to its knowledge, it may, in its discretion, exercise any of the powers conferred on a Court of Appeal by Sections 427, 430, 431 and 432 or on a Court of Session by Section 344 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  2. If the Judges composing the Court of revision under Section 442(1) BNSS are equally divided in opinion, the case shall be disposed of in the manner provided by Section 433 BNSS.
  3. No order under Section 442(2) BNSS shall be made to the prejudice of the accused or other person unless that person has first been given an opportunity of being heard in defence, either in person or through an advocate.
  4. Where an appeal lies under the Sanhita but any person makes a revision application to the High Court, the High Court under Section 442(5) BNSS may treat that application as a petition of appeal and deal with it as one if satisfied that it was made under the erroneous belief that no appeal lies thereto and that doing so is necessary in the interests of justice.

What CrPC 401 to BNSS 442 Means in Practice

From 1 July 2024, the provision on the powers of revision of the High Court is found in Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 instead of Section 401 of the Code of Criminal Procedure, 1973. The High Court exercises the same discretionary powers in revision, cannot convert a finding of acquittal into one of conviction, must give an opportunity of being heard personally or by advocate before making any prejudicial order, and applies the same rules where an appeal lies.

FAQs: CrPC 401 to BNSS 442

Did Section 442 BNSS change the bar on converting a finding of acquittal into a conviction in revision?▼

No. Section 442(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 retains the exact wording of Section 401(3) of the Code of Criminal Procedure, 1973. Under both Section 401(3) CrPC and Section 442(3) BNSS, nothing shall be deemed to authorise a High Court to convert a finding of acquittal into one of conviction, so the rule is unchanged.

How did the section references change between Section 401(1) CrPC and Section 442(1) BNSS?▼

In Section 401(1) of the Code of Criminal Procedure, 1973, the High Court may exercise the powers conferred on a Court of Appeal by Sections 386, 389, 390 and 391 CrPC or on a Court of Session by Section 307 CrPC, and an equal division of opinion is disposed of under Section 392 CrPC. In Section 442(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, these become Sections 427, 430, 431, 432, 344 and 433 BNSS as changes of form, and the rule is unchanged.

Did the rules on revision where an appeal lies change between Section 401 CrPC and Section 442 BNSS?▼

No, the rules are unchanged. Section 442(4) and Section 442(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023 replace the word Code in Section 401(4) and Section 401(5) of the Code of Criminal Procedure, 1973 with Sanhita, and lowercase Justice in Section 442(5) BNSS, which are changes of form. The bar on revision by a party who could have appealed and the power to treat an erroneous revision application as a petition of appeal remain the same.

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 ·