Section 438 BNSS: Calling for records to exercise powers of revision

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 438 BNSS at a Glance

Section 438 BNSS deals with calling for records to exercise powers of revision. It replaced Section 397 CrPC on 1 July 2024. Popularly called revision. The revision rule is unchanged.

Was CrPC

Section 397 →

Section 438 BNSS Bare Act Text

(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.

Source: Section 438, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 438 BNSS in Simple Words

Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers 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.

This allows the revising court to satisfy itself as to the correctness, legality or propriety of any finding, sentence or order, and the regularity of the lower court proceedings.

Pending examination of the record, the court may suspend execution of a sentence or order and release a confined accused on his own bond or bail bond, but revision does not lie against an interlocutory order, and a person who has applied to either the High Court or the Sessions Judge cannot make a further application to the other.

When Section 438 BNSS Applies

  • 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.
  • 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.
  • 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.
  • 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.

Example of Section 438 BNSS

A Judicial Magistrate convicts Priya and sentences her to imprisonment, placing her in confinement. Priya applies for revision to the Sessions Judge within whose local jurisdiction the Magistrate sits under Section 438(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Because a Judicial Magistrate shall be deemed inferior to the Sessions Judge, the Sessions Judge may call for and examine the record to satisfy himself as to the correctness, legality or propriety of the finding, sentence or order. When calling for the record, the Sessions Judge may suspend execution of the sentence and release Priya on her own bond or bail bond pending examination. Under Section 438(3) BNSS, no further application by Priya shall be entertained by the High Court.

When Section 438 BNSS Does Not Apply

  • Revision powers under Section 438(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 shall not be exercised in relation to any interlocutory order passed in an appeal, inquiry, trial or other proceeding under Section 438(2) BNSS.
  • Where a person has already made a revision application to either the High Court or the Sessions Judge, Section 438(3) BNSS bars the other court from entertaining any further application by that same person.
  • The High Court or a Sessions Judge cannot call for and examine a record under Section 438(1) BNSS if the proceeding is not before an inferior Criminal Court situate within its or his local jurisdiction.

Section 438 BNSS in the CrPC (Previous Law)

Section 438 BNSS replaced Section 397 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 438 BNSS

Which courts may call for records under Section 438 BNSS and what do they check?▼

Section 438(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 allows the High Court or any Sessions Judge to call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction. The court examines the record 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 that inferior Court.

Can a sentence be suspended and a confined accused be released under Section 438 BNSS?▼

Yes. Under Section 438(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, when calling for the record of an inferior Criminal Court, the High Court or Sessions Judge may direct that the execution of any sentence or order be suspended. If the accused is in confinement, the court may direct that he be released on his own bond or bail bond pending the examination of the record.

Are all Magistrates inferior to the Sessions Judge for revision under Section 438 BNSS?▼

Yes. Under the Explanation to Section 438(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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 Section 438(1) BNSS and Section 439 BNSS. However, under Section 438(2) BNSS, revision powers shall not be exercised in relation to any interlocutory order.

What changed from Section 397 CrPC to Section 438 BNSS from 1 July 2024?▼

Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024, retains the revision rules of Section 397 of the Code of Criminal Procedure, 1973 with only changes of form. In Section 438(1) BNSS, release on bail or on his own bond becomes release on his own bond or bail bond, and the Explanation updates the cross-reference to Section 439 BNSS. The bar on revising interlocutory orders and the bar on a further application by the same person to the other court remain unchanged.

Section 438 BNSS: Sub-sections Explained

Section 438(1) BNSS: Calling for records to exercise powers of revision

▶

Bare Act Text

(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.

Previous Law

CrPC 397 → Section 438(1) BNSS

Section 438(2) BNSS: Calling for records to exercise powers of revision

▶

Bare Act Text

(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.

Previous Law

CrPC 397(2) → Section 438(2) BNSS

Section 438(3) BNSS: Calling for records to exercise powers of revision

▶

Bare Act Text

(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.

Previous Law

CrPC 397(3) → Section 438(3) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·