Section 444 BNSS: Option of Court to Hear Parties in Revision

Section 444 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with hearing of parties when a Court exercises criminal revisional jurisdiction. As a general rule, a party does not have an automatic right to be heard personally or through an advocate in revision, unless another provision of the BNSS expressly requires such hearing. The revisional Court may nevertheless hear a party if it considers it appropriate.

Text of Section 444 BNSS

444. Option of Court to hear parties.
Save as otherwise expressly provided by this Sanhita, no party has any right to be heard either personally or by an advocate before any Court exercising its powers of revision; but the Court may, if it thinks fit, when exercising such powers, hear any party either personally or by an advocate.

Meaning and scope of Section 444

Section 444 concerns proceedings in revision. Revisional jurisdiction is a supervisory jurisdiction in which the competent Court examines the legality, correctness or propriety of specified criminal proceedings or orders under the relevant BNSS provisions. Section 444 makes the hearing of parties discretionary unless the Sanhita itself creates an express right or requirement of hearing.

No general automatic right of hearing: a party cannot rely on Section 444 alone to insist on an oral hearing in every criminal revision.
Court retains discretion: the revisional Court may hear a party personally or through an advocate when it considers such hearing useful or necessary.
Express safeguards prevail: the opening words, "Save as otherwise expressly provided by this Sanhita," preserve any provision that specifically requires an opportunity of hearing.
Applies to revisional jurisdiction: the provision does not govern the separate statutory procedure for appeals or trials.

Important exception: prejudicial revisional orders

Section 442(2) BNSS must be read with Section 444. Where the High Court proposes to make a revisional order to the prejudice of the accused or another person, Section 442(2) requires that person to be given an opportunity of being heard personally or through an advocate in his or her defence. Thus, Section 444 does not remove an express hearing safeguard created elsewhere in the BNSS.

This distinction is important. Section 444 states the general position for revision proceedings, while an express hearing requirement elsewhere in the Sanhita operates according to its own terms.

Section 444 BNSS and Section 403 CrPC

Section 444 BNSS substantially corresponds to Section 403 of the Code of Criminal Procedure, 1973, which was titled "Option of Court to hear parties." The principal drafting change is the use of the term "advocate" in the BNSS in place of "pleader" in the earlier provision.

BNSS, 2023	CrPC, 1973	Subject
Section 444	Section 403	Option of Court to hear parties in revision

Practical effect of Section 444

A revision petition may therefore be examined on the record without giving every party an automatic oral hearing merely because a revision has been filed. However, the revisional Court may call upon or permit a party to address it, and any specific statutory requirement of hearing must be observed. Where a proposed High Court revisional order would prejudice the accused or another person, the express safeguard in Section 442(2) becomes relevant.

BNSS commencement

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. Its provisions came into force on 1 July 2024, subject to the notified exception concerning the First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.

Official legal resources

For the authoritative statutory text and implementation material, refer to the official Government sources below:

Note: This page is intended for general legal information. Statutory text and applicable judicial decisions should be checked before relying on the provision in a particular case.