Section 443 BNSS: Power of High Court to Withdraw or Transfer Revision Cases
Section 443 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs a specific revision situation in which persons convicted at the same trial approach different revisional courts. It empowers the High Court to decide whether the connected revision applications should finally be heard by the High Court or by the Sessions Judge.
What is a revision under the BNSS?
In practical terms, a criminal revision is a supervisory remedy through which a superior criminal court examines the legality, correctness or propriety of certain findings, sentences or orders of an inferior criminal court, subject to the limits laid down in Chapter XXXII of the BNSS. Section 443 does not create the revisional jurisdiction itself; it coordinates the forum when connected revision applications arising from the same trial are filed in both the High Court and the Sessions Court.
Section 443 BNSS - Statutory Provision
443. Power of High Court to withdraw or transfer revision cases.
(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.
When does Section 443 apply?
The section applies when all of the following features are present:
- Two or more persons were convicted at the same trial.
- At least one convicted person files a revision application before the High Court.
- Another person convicted at the same trial files a revision application before the Sessions Judge.
- The High Court is required to determine which court should finally dispose of the connected revision applications.
How does the High Court choose the proper forum?
Section 443(1) expressly directs the High Court to consider two matters: the general convenience of the parties and the importance of the questions involved. After considering those factors, the High Court may consolidate the revisional proceedings in either of two ways.
| High Court's decision | Result |
|---|---|
| All revision applications should be decided by the High Court | The High Court directs transfer to itself of the revision application or applications pending before the Sessions Judge. |
| The High Court need not decide the revision applications itself | The High Court directs transfer of the revision application or applications pending before it to the Sessions Judge. |
Effect of transfer under Section 443
Transfer to the High Court - Section 443(2)
When a revision application is transferred to the High Court, the High Court deals with it as though the revision had originally been filed before the High Court.
Transfer to the Sessions Judge - Section 443(3)
When a revision application is transferred to the Sessions Judge, the Sessions Judge deals with it as though it had originally been filed before that court.
Bar on a further revision - Section 443(4)
If the High Court transfers a revision application to the Sessions Judge and the Sessions Judge disposes of it, the applicant cannot file a further revision before the High Court or any other court in respect of that revision. This provision prevents a second revisional challenge by the same person after the transferred revision has been decided.
Section 443 BNSS and the former CrPC
Section 443 BNSS corresponds to Section 402 of the Code of Criminal Procedure, 1973. The subject remains the same: coordination of revision proceedings arising from the same trial when applications are filed before both the High Court and the Sessions Judge.
Related BNSS provisions
- Section 441 BNSS - Power of Additional Sessions Judge
- Section 442 BNSS - High Court's powers of revision
- Section 444 BNSS - Option of Court to hear parties
- Section 445 BNSS - High Court's order to be certified to lower Court
Frequently Asked Questions
What is the purpose of Section 443 BNSS?
Its purpose is to avoid connected revision applications arising from the same trial being finally decided by two different revisional courts. The High Court chooses the forum that will finally dispose of the connected applications.
Can the High Court transfer a revision pending before the Sessions Judge to itself?
Yes. If the High Court considers that all the connected revision applications should be decided by it, Section 443(1) requires the revision pending before the Sessions Judge to be transferred to the High Court.
Can the High Court send its own revision proceeding to the Sessions Judge?
Yes. If the High Court decides that it is not necessary for it to dispose of the connected revision applications, it may direct that the revision application filed before it be transferred to the Sessions Judge.
Is a second revision available after the Sessions Judge decides a transferred revision?
No. Section 443(4) bars a further revision to the High Court or any other court at the instance of the person or persons whose transferred revision application has been disposed of by the Sessions Judge.
Official sources
For the authoritative statutory text and commencement details, refer to the official India Code entry for the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Ministry of Home Affairs - New Criminal Laws.
Note: This page is a general legal information resource. The applicability of revisional remedies depends on the facts, the nature of the order challenged and other provisions of the BNSS.