CrPC 402 to BNSS 443: Power of High Court to withdraw or transfer revision cases
Section 402 CrPC (1973) replaced by Section 443 BNSS (2023)
CrPC 402 to BNSS 443 at a Glance
Section 402 CrPC (Power of High Court to withdraw or transfer revision cases) is now Section 443 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 402 to BNSS 443?
Section 402 CrPC became Section 443 BNSS from 1 July 2024. The heading is the same. Section 402(1) CrPC is found in Section 443(1) BNSS, Section 402(2) CrPC in Section 443(2) BNSS, Section 402(3) CrPC in Section 443(3) BNSS and Section 402(4) CrPC in Section 443(4) BNSS. The text of each is the same.
CrPC 402 vs BNSS 443: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 402 | 443 |
| Heading | Power of High Court to withdraw or transfer revision cases | Same |
| Sub-sections | 4 sub-sections | Same |
CrPC 402 and BNSS 443: Bare Act Text Side by Side
CrPC 1973 (repealed)
Section 402, CrPC 1973
402. Power of High Court to withdraw or transfer revision cases.—(1) Whenever one or more persons convicted at the same trial makes or make application to a High Court for revision and any other person convicted at the same trial makes an application to the Sessions Judge for revision, the High Court shall decide, having regard to the general convenience of the parties and the importance of the questions involved, which of the two Courts should finally dispose of the applications for revision and when the High Court decides that all the applications for revision should be disposed of by itself, the High Court shall direct that the applications for revision pending before the Sessions Judge be transferred to itself and where the High Court decides that it is not necessary for it to dispose of the applications for revision, it shall direct that the applications for revision made to it be transferred to the Sessions Judge.
(2) Whenever any application for revision is transferred to the High Court, that Court shall deal with the same as if it were an application duly made before itself.
(3) Whenever any application for revision is transferred to the Sessions Judge, that Judge shall deal with the same as if it were an application duly made before himself.
(4) Where an application for revision is transferred by the High Court to the Sessions Judge, no further application for revision shall lie to the High Court or to any other Court at the instance of the person or persons whose applications for revision have been disposed of by the Sessions Judge.
BNSS 2023 (in force)
Section 443, BNSS 2023
443. Power of High Court to withdraw or transfer revision cases.—(1) Whenever one or more persons convicted at the same trial makes or make application to a High Court for revision and any other person convicted at the same trial makes an application to the Sessions Judge for revision, the High Court shall decide, having regard to the general convenience of the parties and the importance of the questions involved, which of the two Courts should finally dispose of the applications for revision and when the High Court decides that all the applications for revision should be disposed of by itself, the High Court shall direct that the applications for revision pending before the Sessions Judge be transferred to itself and where the High Court decides that it is not necessary for it to dispose of the applications for revision, it shall direct that the applications for revision made to it be transferred to the Sessions Judge.
(2) Whenever any application for revision is transferred to the High Court, that Court shall deal with the same as if it were an application duly made before itself.
(3) Whenever any application for revision is transferred to the Sessions Judge, that Judge shall deal with the same as if it were an application duly made before himself.
(4) Where an application for revision is transferred by the High Court to the Sessions Judge, no further application for revision shall lie to the High Court or to any other Court at the instance of the person or persons whose applications for revision have been disposed of by the Sessions Judge.
When It Applies: CrPC 402 vs BNSS 443
Under CrPC 402
- Section 402(1) CrPC applies when one or more persons convicted at the same trial apply to a High Court for revision and any other person convicted at the same trial applies to the Sessions Judge for revision. The High Court shall decide which of the two Courts should finally dispose of the applications.
- Where the High Court decides that all the applications for revision should be disposed of by itself, it shall direct that the applications pending before the Sessions Judge be transferred to itself.
- Where the High Court decides that it is not necessary for it to dispose of the applications, it shall direct that the applications made to it be transferred to the Sessions Judge.
- Under Section 402(2) CrPC, the High Court shall deal with an application transferred to it as if it were an application duly made before itself.
- Under Section 402(3) CrPC, the Sessions Judge shall deal with an application transferred to the Sessions Judge as if it were an application duly made before that Judge.
- Section 402(4) CrPC applies where an application for revision is transferred by the High Court to the Sessions Judge. No further application for revision shall lie to the High Court or to any other Court at the instance of the person or persons whose applications have been disposed of by the Sessions Judge.
Under BNSS 443
- Section 443(1) BNSS applies when one or more persons convicted at the same trial apply to a High Court for revision and any other person convicted at the same trial applies to the Sessions Judge for revision. The High Court shall decide which of the two Courts should finally dispose of the applications.
- Where the High Court decides that all the applications for revision should be disposed of by itself, it shall direct that the applications pending before the Sessions Judge be transferred to itself.
- Where the High Court decides that it is not necessary for it to dispose of the applications, it shall direct that the applications made to it be transferred to the Sessions Judge.
- Under Section 443(2) BNSS, the High Court shall deal with an application transferred to it as if it were an application duly made before itself.
- Under Section 443(3) BNSS, the Sessions Judge shall deal with an application transferred to the Sessions Judge as if it were an application duly made before that Judge.
- Section 443(4) BNSS applies where an application for revision is transferred by the High Court to the Sessions Judge. No further application for revision shall lie to the High Court or to any other Court at the instance of the person or persons whose applications have been disposed of by the Sessions Judge.
What CrPC 402 to BNSS 443 Means in Practice
From 1 July 2024, the power of the High Court to withdraw or transfer revision cases is found in Section 443 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The words to read are the same as in Section 402 of the Code of Criminal Procedure, 1973.
FAQs: CrPC 402 to BNSS 443
What changed when Section 402 CrPC became Section 443 BNSS?▼
The section number. Section 443 BNSS has the same heading and the same text as Section 402 CrPC, in each of its sub-sections.
Is the test for choosing the Court different in Section 443(1) BNSS?▼
Section 443(1) BNSS reads the same as Section 402(1) CrPC. In both, the High Court shall decide which of the two Courts should finally dispose of the applications, having regard to the general convenience of the parties and the importance of the questions involved.
Is the bar on a further application for revision different in Section 443(4) BNSS?▼
Section 443(4) BNSS reads the same as Section 402(4) CrPC. In both, where an application for revision is transferred by the High Court to the Sessions Judge, no further application for revision shall lie to the High Court or to any other Court at the instance of the person or persons whose applications for revision have been disposed of by the Sessions Judge.
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: 20 Oct 2026 ·