Section 441 BNSS: Power of Additional Sessions Judge
Section 441 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) authorises an Additional Sessions Judge to exercise the powers of a Sessions Judge under Chapter XXXII, but only in a case transferred to the Additional Sessions Judge by or under a general or special order of the Sessions Judge.
Updated: 12 September 2026
Text of Section 441 BNSS
441. Power of Additional Sessions Judge. An Additional Sessions Judge shall have and may exercise all the powers of a Sessions Judge under this Chapter in respect of any case which may be transferred to him by or under any general or special order of the Sessions Judge.
The provision appears in Chapter XXXII - Reference and Revision of the BNSS. It therefore concerns the exercise of revisional and related powers available to the Court of Session under that Chapter.
Meaning and scope of Section 441
Section 441 is an enabling provision. It permits an Additional Sessions Judge to exercise the same powers that a Sessions Judge may exercise under Chapter XXXII, provided that the particular case has been transferred to the Additional Sessions Judge in the manner contemplated by the section.
The words "all the powers of a Sessions Judge under this Chapter" link Section 441 to the powers contained in the Chapter on reference and revision. The authority is therefore not an unrestricted transfer of every statutory power of a Sessions Judge; it operates within the subject matter of Chapter XXXII.
The words "in respect of any case which may be transferred to him" make transfer of the case a condition for exercise of the Section 441 power. The transfer may arise under a general order governing a class of matters or a special order dealing with a particular matter.
Essential requirements under Section 441
| Requirement | Effect |
|---|---|
| Judicial officer | The provision applies to an Additional Sessions Judge. |
| Nature of power | The Additional Sessions Judge may exercise the powers of a Sessions Judge available under Chapter XXXII. |
| Transfer of case | The relevant case must have been transferred to the Additional Sessions Judge. |
| Source of transfer | The transfer may be by or under a general or special order of the Sessions Judge. |
Section 441 BNSS and former Section 400 CrPC
Section 441 BNSS corresponds to Section 400 of the Code of Criminal Procedure, 1973, which also dealt with the power of an Additional Sessions Judge. The operative wording has been carried forward without a substantive change in the power described by the provision.
The BNSS is Act No. 46 of 2023 and came into force on 1 July 2024. For proceedings affected by the transition from the Code of Criminal Procedure, the applicable law must also be considered in light of the BNSS commencement and savings provisions.
Official legal sources
For the authoritative Act text, commencement information and subsequent official material, refer to the Government of India sources listed in the right sidebar.