Bharatiya Nagarik Suraksha Sanhita, 2023
Section 440
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 442.
(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 442 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.
Why this exists
This provision decentralises the revisional workload so that not every review has to go up to the High Court; Sessions Judges can handle many revisions locally with the same powers, making the system faster and more accessible, while preventing repeated forum-shopping by making the Sessions Judge's decision final for that applicant. It corresponds to section 399 of the earlier CrPC.
Common misconceptions
- Myth: A person can try their luck at revision before the Sessions Judge and, if unhappy, also try the High Court on the same point.
Fact: Once the Sessions Judge decides a revision application made by a particular person, that decision is final for them and no further revision by the same person can be entertained by the High Court or any other court.