Section 403 CrPC: Option of Court to hear parties

Code of Criminal Procedure, 1973

Section 403 CrPC at a Glance

Section 403 CrPC deals with option of Court to hear parties. From 1 July 2024 it is replaced by Section 444 BNSS.

Now BNSS

Section 444 →

What Section 403 CrPC Says

403. Option of Court to hear parties

Save as otherwise expressly provided by this Code, no party has any right to be heard either personally or by pleader before any Court exercising its powers of revision; but the Court may, if it thinks fit, when exercising such powers, hear any party either personally or by pleader.

Source: Section 403, Code of Criminal Procedure, 1973

Section 403 CrPC in Simple Words

Section 403 of the Code of Criminal Procedure, 1973 is headed Option of Court to hear parties. Save as otherwise expressly provided by the Code, no party has any right to be heard either personally or by pleader before any Court exercising its powers of revision. The Court may, if it thinks fit, when exercising such powers, hear any party either personally or by pleader.

When Section 403 CrPC Applies

  • Save as otherwise expressly provided by the Code, no party has any right to be heard either personally or by pleader before any Court exercising its powers of revision.
  • Section 403 CrPC begins with the words Save as otherwise expressly provided by this Code.
  • A Court exercising its powers of revision may, if it thinks fit, when exercising such powers, hear any party.
  • A Court that hears a party when exercising its powers of revision may hear the party either personally or by pleader.

Example of Section 403 CrPC

Ramesh is a party to a revision pending before a Court exercising its powers of revision. No provision of the Code of Criminal Procedure, 1973 expressly provides otherwise. Under Section 403 CrPC, Ramesh has no right to be heard either personally or by pleader before the Court. The Court may, if it thinks fit, hear Ramesh either personally or by pleader. The Court may, if it thinks fit, hear the other party Priya in the same way.

When Section 403 CrPC Does Not Apply

  • Section 403 CrPC speaks of whether a party is heard before a Court exercising its powers of revision. It does not deal with the powers of the High Court in revision, which are found in Section 401 CrPC, High Court's powers of revision.
  • Section 403 CrPC speaks of whether a party is heard when a Court exercises its powers of revision. It does not deal with the calling for records to exercise those powers, which is found in Section 397 CrPC, Calling for records to exercise powers of revision.

Section 403 CrPC Under BNSS 444: What Changed

Section 403 CrPC is now covered under Section 444 BNSS.

From 1 July 2024, Section 444 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 403 of the Code of Criminal Procedure, 1973 under the same heading, Option of Court to hear parties. Section 444 BNSS reads Sanhita where Section 403 CrPC read Code, and reads an advocate in both places where Section 403 CrPC read pleader.

View detailed comparison (CrPC 403 vs BNSS 444) →

FAQs on Section 403 CrPC

Does a party have a right to be heard in revision under Section 403 CrPC?▼

Save as otherwise expressly provided by the Code of Criminal Procedure, 1973, no party has any right to be heard either personally or by pleader before any Court exercising its powers of revision, under Section 403 CrPC.

May a Court exercising its powers of revision hear a party under Section 403 CrPC?▼

Under Section 403 of the Code of Criminal Procedure, 1973, the Court may, if it thinks fit, when exercising such powers, hear any party either personally or by pleader.

What does Save as otherwise expressly provided by this Code mean in Section 403 CrPC?▼

Section 403 of the Code of Criminal Procedure, 1973 begins with the words Save as otherwise expressly provided by this Code. The statement that no party has any right to be heard before a Court exercising its powers of revision applies save as the Code expressly provides otherwise.

Where is Section 403 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 403 CrPC has no sub-sections, and maps as a whole to Section 444 BNSS, which has the same heading, Option of Court to hear parties. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·