Bharatiya Nagarik Suraksha Sanhita, 2023
Section 444
Option of Court to hear parties
Save as otherwise expressly provided by this Sanhita, no party has any right to be heard either personally or by an advocate 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 an advocate.
Why this exists
Revision is meant to be a relatively quick supervisory check, unlike a full appeal, so parties don't get an automatic entitlement to argue their case at length. This keeps the revision process efficient, while still allowing courts the flexibility to hear parties when fairness or the complexity of the issue calls for it. It corresponds to section 403 of the earlier CrPC.
How courts read it
Courts generally exercise the discretion to hear parties liberally whenever an order is likely to prejudice someone, and the requirement of hearing before any prejudicial order under the previous section (calling for records) is treated as an important exception carved out by the Sanhita itself.
Common misconceptions
- Myth: Anyone involved in a revision proceeding automatically gets a full hearing like in a regular appeal.
Fact: No party has an automatic right to be heard during revision; the court decides, at its own discretion, whether to hear any party personally or through an advocate.