Powers of High Court to withdraw or tranfer revision cases
Section 402 of the Code of Criminal Procedure, 1973 deals with powers of High Court to withdraw or tranfer 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 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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 Session 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 Session Judge.
Section 402, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 443 Power of High Court to withdraw or transfer 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.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
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.
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.
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 402
What have the courts held on Section 402 of the Code of Criminal Procedure?
Azeem vs State of U.p. (03 Sep 2020) is the leading judgment on this section among those set out below: 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 402 of the Code of Criminal Procedure?
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: CRPC 402, section 402 CRPC, section 402 of the Code of Criminal Procedure. 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 402 of the Code of Criminal Procedure, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 443 (Power of High Court to withdraw or transfer revision cases), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 402 of the Code of Criminal Procedure come into force?
Section 402 of the Code of Criminal Procedure, cited as CRPC 402, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.