Section 443 BNSS: Power of High Court to withdraw or transfer revision cases
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 443 BNSS at a Glance
Section 443 BNSS deals with power of High Court to withdraw or transfer revision cases. It replaced Section 402 CrPC on 1 July 2024.
Section 443 BNSS Bare Act Text
(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.
Source: Section 443, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 443 BNSS in Simple Words
Section 443 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with revision applications made by persons convicted at the same trial, where one application goes to a High Court and another goes to the Sessions Judge.
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.
When Section 443 BNSS Applies
- 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.
Example of Section 443 BNSS
When Section 443 BNSS Does Not Apply
- Section 443(1) BNSS speaks of persons convicted at the same trial. It does not deal with persons convicted at different trials.
- Section 443(4) BNSS speaks of an application for revision transferred by the High Court to the Sessions Judge. It does not deal with an application for revision that the High Court disposes of itself.
Section 443 BNSS in the CrPC (Previous Law)
Section 443 BNSS replaced Section 402 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 443 BNSS
Which Court decides where the revision applications are heard under Section 443 BNSS?▼
The High Court. Section 443(1) BNSS says that 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.
What does the Court do with a transferred revision application under Section 443 BNSS?▼
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.
Can a further application for revision be made after the Sessions Judge disposes of a transferred application under Section 443 BNSS?▼
Section 443(4) BNSS says that 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.
What changed from Section 402 CrPC to Section 443 BNSS from 1 July 2024?▼
Section 443 BNSS has the same heading and the same text as Section 402 CrPC, in each of its sub-sections.
Section 443 BNSS: Sub-sections Explained
Section 443(1) BNSS: Power of High Court to withdraw or transfer revision cases
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Bare Act Text
(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.
Section 443(2) BNSS: Power of High Court to withdraw or transfer revision cases
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Bare Act Text
(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.
Section 443(3) BNSS: Power of High Court to withdraw or transfer revision cases
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Bare Act Text
(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.
Section 443(4) BNSS: Power of High Court to withdraw or transfer revision cases
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·