(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling, for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement that he be released on his own bond or bail bond pending the examination of the record. Explanation.—All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub- section and of section 439. (2) The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. (3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.
Bharatiya Nagarik Suraksha Sanhita
Section 438
Calling for records to exercise powers of revision
⚡ Quick Answer Reference: Section 438 BNSS
- Provision: Section 438 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: REFERENCE AND REVISION
- Jurisdiction: India
- Summary: The High Court or a Sessions Judge can ask for and review the records of a lower court to check if their decisions are correct, legal, or proper. They can also suspend the execution of a sentence or order and release the accused on bail if they're in custody.
What does Section 438 of BNSS say?
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
What does Section 438 of BNSS mean?
Plain English Explanation
The High Court or a Sessions Judge can ask for and review the records of a lower court to check if their decisions are correct, legal, or proper. They can also suspend the execution of a sentence or order and release the accused on bail if they're in custody.
Practical Interpretation
This section allows the High Court or a Sessions Judge to review lower court decisions and ensure they're following the law. It's a way to correct mistakes or ensure justice is served.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for higher courts to review and correct lower court decisions, ensuring the rule of law is upheld and justice is served.
- •The High Court or a Sessions Judge must be within their local jurisdiction to exercise powers of revision.
- •The record of a proceeding before an inferior Criminal Court must be called for and examined.
- •The finding, sentence, or order recorded or passed by the inferior Court must be checked for correctness, legality, or propriety.
- •The proceedings of the inferior Court must be checked for regularity.
Practical Example of Section 438 BNSS
Rajesh, a Sessions Judge, receives an application from Priya, a lawyer, to review a lower court's decision in a criminal case. Rajesh calls for the record of the lower court's proceedings and examines it to check if the decision was correct, legal, and proper. After reviewing the record, Rajesh finds that the lower court made an error in their decision and orders a re-trial. Meanwhile, Amit, the accused, is released on bail pending the re-trial.
Frequently Asked Questions about Section 438 BNSS
Q: What is the punishment or consequence under Section 438 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to inferior Criminal Courts and their proceedings, which can involve both private individuals and public entities.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.
Common Questions about Section 438 BNSS
What is Section 438 of BNSS?
Section 438 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Calling for records to exercise powers of revision". In plain terms: The High Court or a Sessions Judge can ask for and review the records of a lower court to check if their decisions are correct, legal, or proper. They can also suspend the execution of a sentence or order and release the accused on bail if they're in custody.
What is the punishment under Section 438 of BNSS?
Section 438 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 438 of BNSS bailable or non-bailable?
Whether Section 438 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 438 of BNSS?
The essential elements of Section 438 of BNSS are: The High Court or a Sessions Judge must be within their local jurisdiction to exercise powers of revision.; The record of a proceeding before an inferior Criminal Court must be called for and examined.; The finding, sentence, or order recorded or passed by the inferior Court must be checked for correctness, legality, or propriety..
Landmark Judgments under Section 438 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 438
Ask Nyaya AI About Section 438
Select a pre-configured prompt to run this section through the grounded research engine.