Section 399 CrPC: Sessions Judge's powers of revision

Code of Criminal Procedure, 1973

Section 399 CrPC at a Glance

Section 399 CrPC deals with sessions Judge's powers of revision. From 1 July 2024 it is replaced by Section 440 BNSS.

Now BNSS

Section 440 →

What Section 399 CrPC Says

399. Sessions Judge's powers of revision

(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 401.

(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 401 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 399, Code of Criminal Procedure, 1973

Section 399 CrPC in Simple Words

Section 399 CrPC 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 401(1) CrPC.

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 399 CrPC 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 401(1) CrPC.
  • Where a proceeding by way of revision is commenced before a Sessions Judge under Section 399(1) CrPC, the provisions of Section 401(2) CrPC to Section 401(5) CrPC 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 399 CrPC

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 399 CrPC Does Not Apply

  • Section 399 CrPC 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 401 CrPC covers.
  • Section 399(3) CrPC 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 397(3) CrPC covers.

Section 399 CrPC Under BNSS 440: What Changed

Section 399 CrPC is now covered under Section 440 BNSS.

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.

View detailed comparison (CrPC 399 vs BNSS 440) →

FAQs on Section 399 CrPC

What powers may the Sessions Judge exercise under Section 399 CrPC?▼

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 401(1) CrPC.

Which provisions of Section 401 CrPC apply to a revision before a Sessions Judge under Section 399 CrPC?▼

The provisions of Section 401(2) CrPC to Section 401(5) CrPC 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 399 CrPC?▼

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.

Where is Section 399 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 399(1) CrPC is found in Section 440(1) BNSS, Section 399(2) CrPC in Section 440(2) BNSS and Section 399(3) CrPC in Section 440(3) BNSS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·