Power of High Court to withdraw or transfer revision cases
Section 443 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with power of High Court to withdraw or transfer revision cases. Whenever one or more persons convicted at the same trial makes or make application to a High Court for revision and any other person convicted at the same trial makes an application to the Sessions Judge for revision, the High Court shall decide, having regard to the general convenience of the parti The Act came into force on 01 Jul 2024.
(1) Whenever one or more persons convicted at the same trial makes or make application to a High Court for revision and any other person convicted at the same trial makes an application to the Sessions Judge for revision, the High Court shall decide, having regard to the general convenience of the parties and the importance of the questions involved, which of the two Courts should finally dispose of the applications for revision and when the High Court decides that all the applications for revision should be disposed of by itself, the High Court shall direct that the applications for revision pending before the Sessions Judge be transferred to itself and where the High Court decides that it is not necessary for it to dispose of the applications for revision, it shall direct that the applications for revision made to it be transferred to the Sessions Judge.
(2) Whenever any application for revision is transferred to the High Court, that Court shall deal with the same as if it were an application duly made before itself.
(3) Whenever any application for revision is transferred to the Sessions Judge, that Judge shall deal with the same as if it were an application duly made before himself.
(4) Where an application for revision is transferred by the High Court to the Sessions Judge, no further application for revision shall lie to the High Court or to any other Court at the instance of the person or persons whose applications for revision have been disposed of by the Sessions Judge.
Section 443, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 402 Powers of High Court to withdraw or tranfer revision cases Text carried over almost unchanged 92%
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 The repealed enactment still governs what happened while it was in force.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.
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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Azeem vs State of U.p.
Decided under Code of Criminal Procedure 402, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
An accused who has absconded but subsequently surrendered, when facing a serious but non-heinous offence, may be granted bail if the court considers the nature of the offence, the applicant's willingness to face trial (demonstrated by surrender), the prolonged incarceration, the pandemic situation affecting jail conditions, and the fundamental right to personal liberty under Article 21, provided stringent conditions are imposed to ensure trial court appearance and prevent witness intimidation or further criminal activity.
On this section: Provides the procedural framework for bail applications; cited in case type description
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Yasmeen vs State of U.p.
Decided under Code of Criminal Procedure 402, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
High Court circulars issued for smooth functioning of trial courts and disposal of cases are merely directory in nature and do not create binding obligations on trial courts. A circular dated 29.10.2003 addressing crimes against women does not explicitly mandate that dowry death cases must be tried by Fast Track Courts. The transfer of a criminal case cannot be ordered merely on the basis of a High Court circular without demonstrating specific prejudice to the applicant or denial of fair trial in the existing court. The discretion of trial courts in case management, particularly when trial is substantially progressed and time-bound orders are in place, should be respected.
On this section: Application for transfer or withdrawal of revision - procedural basis for the transfer application
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.
Questions about Section 443
What have the courts held on Section 443 of the Bharatiya Nagarik Suraksha Sanhita?
Azeem vs State of U.p. (03 Sep 2020) is the leading judgment on this section among those set out below, though it was decided under CRPC 402, which this section replaced -- the court never mentioned this Act: Provides the procedural framework for bail applications; cited in case type description. Another 1 judgment on this section is set out below. They run from 2019 to 2020.
How do I find court cases under Section 443 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 443, section 443 BNSS, section 443 of the Bharatiya Nagarik Suraksha Sanhita. 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 Azeem vs State of U.p. (03 Sep 2020).
What should I read with Section 443 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 402 (Powers of High Court to withdraw or tranfer revision cases), so the judgments decided under that provision are the case law on this one.
When did Section 443 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 443 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 443, 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 15 Oct 2026. This page is not a substitute for legal advice.