Section 402 CrPC: Power of High Court to withdraw or transfer revision cases

Code of Criminal Procedure, 1973

Section 402 CrPC at a Glance

Section 402 CrPC deals with power of High Court to withdraw or transfer revision cases. From 1 July 2024 it is replaced by Section 443 BNSS.

Now BNSS

Section 443 →

What Section 402 CrPC Says

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.

Source: Section 402, Code of Criminal Procedure, 1973

Section 402 CrPC in Simple Words

Section 402 of the Code of Criminal Procedure, 1973 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 402 CrPC Applies

  • 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.

Example of Section 402 CrPC

Ramesh and Suresh are convicted at the same trial. Ramesh applies to the High Court for revision and Suresh applies to the Sessions Judge for revision. Under Section 402 of the Code of Criminal Procedure, 1973, the High Court shall decide which of the two Courts should finally dispose of the applications. If the High Court decides that it is not necessary for it to dispose of the applications, it shall direct that the application made by Ramesh be transferred to the Sessions Judge. Once the Sessions Judge has disposed of the application of Ramesh, Section 402(4) CrPC says that no further application for revision shall lie at the instance of Ramesh.

When Section 402 CrPC Does Not Apply

  • Section 402(1) CrPC speaks of persons convicted at the same trial. It does not deal with persons convicted at different trials.
  • Section 402(4) CrPC 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 402 CrPC Under BNSS 443: What Changed

Section 402 CrPC is now covered under Section 443 BNSS.

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.

View detailed comparison (CrPC 402 vs BNSS 443) →

FAQs on Section 402 CrPC

Which Court decides where the revision applications are heard under Section 402 CrPC?▼

The High Court. Section 402(1) CrPC 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 402 CrPC?▼

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.

Can a further application for revision be made after the Sessions Judge disposes of a transferred application under Section 402 CrPC?▼

Section 402(4) CrPC 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.

Where is Section 402 CrPC found from 1 July 2024?▼

From 1 July 2024 the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973. Section 402(1) CrPC is found in Section 443(1) BNSS, Section 402(2) CrPC is found in Section 443(2) BNSS, Section 402(3) CrPC is found in Section 443(3) BNSS and Section 402(4) CrPC is found in Section 443(4) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·