BNSS Section 438 — Calling for records to exercise powers of revision

Summary

The High Court or a Sessions Judge can ask for the records of any case from a lower criminal court within its area. This is done to check whether the lower court’s decision or the way it handled the case was correct, legal, and proper. While asking for the records, the High Court or Sessions Judge can also order that a sentence or order be paused, and if the accused person is in jail, they can be released on a personal bond or bail bond while the records are being reviewed. However, this power cannot be used to review temporary orders made during an appeal, inquiry, trial, or other proceeding. Also, if a person has already filed a request under this section with either the High Court or a Sessions Judge, they cannot file the same request with the other authority.

Official Text

(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling, for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement that he be released on his own bond or bail bond pending the examination of the record.

Explanation.—All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section and of section 439.

(2) The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.

(3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.

Related Judgments

• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
• SC (2025) Vol.2 p.1416 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2024) Vol.12 p.335 — Supreme Court of India (2024)

Old <-> New Code Mapping

• CrPC §397 — Calling for records to exercise powers of revision