BNSS Section 442 — High Court's powers of revision

CHAPTER XXXII REFERENCE AND REVISION

Criminal

Summary

The High Court has the power to review the record of any legal proceeding that it has called for or that comes to its knowledge. In such cases, the High Court may use the same powers that a Court of Appeal has under certain listed sections, or that a Court of Session has under another listed section. If the judges in the revision court are equally divided in their opinion, the case is handled in the way described in section 433.

No order can be made against an accused person or any other person under this section unless they have been given a chance to be heard, either in person or through a lawyer. This section does not allow the High Court to change a finding of acquittal into a conviction.

If an appeal is allowed under this law but no appeal is filed, the party who could have appealed cannot then start a revision proceeding. However, if a person mistakenly files a revision application to the High Court believing no appeal is possible, and the High Court finds it was an honest mistake and necessary for justice, it may treat that revision application as an appeal and handle it accordingly.

Official Text

(1) In the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 427, 430, 431 and 432 or on a Court of Session by section 344, and, when the Judges composing the Court of revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 433.

(2) No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by advocate in his own defence.

(3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one of conviction.

(4) Where under this Sanhita an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed.

(5) Where under this Sanhita an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly.

Related Judgments

  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.1416 — Supreme Court of India (2025)

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