Section 440 BNSS: Sessions Judge's powers of revision

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 440 BNSS at a Glance

Section 440 BNSS deals with sessions Judge's powers of revision. It replaced Section 399 CrPC on 1 July 2024.

Was CrPC

Section 399 →

Section 440 BNSS Bare Act Text

(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.

Source: Section 440, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 440 BNSS in Simple Words

Section 440 BNSS deals with the powers of revision of the Sessions Judge.

In the case of any 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.

A decision of the Sessions Judge on an application for revision made by or on behalf of any person is final in relation to that person.

When Section 440 BNSS Applies

  • 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.
  • 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.
  • 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.
  • No further proceeding by way of revision at the instance of that person shall be entertained by the High Court or any other Court.

Example of Section 440 BNSS

Nisha makes an application for revision before the Sessions Judge. The decision of the Sessions Judge on the application in relation to Nisha shall be final. No further proceeding by way of revision at the instance of Nisha shall be entertained by the High Court or any other Court.

When Section 440 BNSS Does Not Apply

  • Section 440 BNSS speaks of the powers of revision of the Sessions Judge. It does not deal with the powers of revision of the High Court, which Section 442 BNSS covers.
  • Section 440(3) BNSS speaks of an application for revision made before the Sessions Judge. It does not deal with a further application by the same person to the other of the High Court and the Sessions Judge, which Section 438(3) BNSS covers.

Section 440 BNSS in the CrPC (Previous Law)

Section 440 BNSS replaced Section 399 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 440 BNSS

What powers may the Sessions Judge exercise under Section 440 BNSS?▼

In the case of any 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.

Which provisions of Section 442 BNSS apply to a revision before a Sessions Judge under Section 440 BNSS?▼

The provisions of Section 442(2) BNSS to Section 442(5) BNSS shall, so far as may be, apply to the proceeding, and references in them to the High Court shall be construed as references to the Sessions Judge.

Is the decision of the Sessions Judge on an application for revision final under Section 440 BNSS?▼

Where any 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, and 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 changed from Section 399 CrPC to Section 440 BNSS from 1 July 2024?▼

The heading is the same. The text is the same except for renumbered cross-references. Section 440(1) BNSS refers to Section 442(1) BNSS where Section 399(1) CrPC referred to Section 401(1) CrPC, and 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.

Section 440 BNSS: Sub-sections Explained

Section 440(1) BNSS: Sessions Judge's powers of revision

▶

Bare Act Text

(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.

Previous Law

CrPC 399 → Section 440(1) BNSS

Section 440(2) BNSS: Sessions Judge's powers of revision

▶

Bare Act Text

(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.

Previous Law

CrPC 399(2) → Section 440(2) BNSS

Section 440(3) BNSS: Sessions Judge's powers of revision

▶

Bare Act Text

(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.

Previous Law

CrPC 399(3) → Section 440(3) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·