Sessions Judge's powers of revision
Section 440 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with sessions Judge's powers of revision. 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. The Act came into force on 01 Jul 2024.
(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.
Section 440, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 399 Sessions Judge's powers of revision Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Anand Singh vs Prem Singh
Decided under Code of Criminal Procedure 399, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The bar of limitation prescribed under Section 468 CrPC is mandatory and applies to defamation offences. A court cannot take cognizance of a defamation offence after the expiry of three years from the date of the offence. The petitioner is entitled to the benefit of this limitation bar, and the revisional court erred in ignoring this bar and passing a summoning order. Additionally, a revisional court must issue notice to the petitioner before passing an adverse order, as required by the principles of natural justice.
On this section: Sessions Judge's power to exercise powers of High Court under Section 401
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Vinod Kumar Choraria and Eight OTHERS vs Amit Agarwal and Other
Court's Decision & Legal Precedent
A criminal revision petition challenging an order passed under Section 163(2) of BNSS becomes infructuous and is dismissible on merit when the statutory period during which such order remains in force has already expired, as there is nothing left to revise or no practical relief that can be granted to the revisionist.
On this section: Section 440 of BNSS governs criminal revision petitions. The court applied this section to determine the maintainability and dismissibility of the revision petition on the ground of expiry of statutory period.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Shiv Mandir, South Avenue, New Delhi ….Respondent No.2 CRIMINAL REVISION UNDER SECTION 438 BNSS 2023 Date of institution : 07.05.2024 Date when judgment reserved : 31.07.2025 Date of Judgment : 18.08.2025 J U D G M E N T : - 1. Introduction (i) The present revision petition has been filed under Sections 438, 440 and 441 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS"), by the revisionist, Yogesh Kumar Kardam, seeking to set aside the order dated 21.02.2025 passed by the learned Metropolitan Magistrate, Patiala House Courts, New Delhi, in Cr. Case No. 584 of …
Questions about Section 440
What have the courts held on Section 440 of the Bharatiya Nagarik Suraksha Sanhita?
Anand Singh vs Prem Singh (06 Aug 2014) is the leading judgment on this section among those set out below, though it was decided under CRPC 399, which this section replaced -- the court never mentioned this Act: Sessions Judge's power to exercise powers of High Court under Section 401. Another 1 judgment on this section is set out below. They run from 2014 to 2026.
How do I find court cases under Section 440 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 440, section 440 BNSS, section 440 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type 440 bnss in crpc and 440 bnss act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Anand Singh vs Prem Singh (06 Aug 2014).
What should I read with Section 440 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 442 (High Court's powers of revision), so none of them can safely be read on its own. It carries forward CrPC 399 (Sessions Judge's powers of revision), so the judgments decided under that provision are the case law on this one.
When did Section 440 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 440 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 440, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.