(1) In the case of any proceeding the record of which has been called for by himself, the Sessions Judge may exercise all or any of the powers which may be exercised by the High Court under sub-section (1) of section 442. (2) Where any proceeding by way of revision is commenced before a Sessions Judge under sub-section (1), the provisions of sub-sections (2), (3), (4) and (5) of section 442 shall, so far as may be, apply to such proceeding and references in the said sub-sections to the High Court shall be construed as references to the Sessions Judge. (3) Where any application for revision is made by or on behalf of any person before the Sessions Judge, the decision of the Sessions Judge thereon in relation to such person shall be final and no further proceeding by way of revision at the instance of such person shall be entertained by the High Court or any other Court.
Bharatiya Nagarik Suraksha Sanhita
Section 440
Sessions Judge's powers of revision
⚡ Quick Answer Reference: Section 440 BNSS
- Provision: Section 440 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: REFERENCE AND REVISION
- Jurisdiction: India
- Summary: This section explains the powers of a Sessions Judge to revise certain legal proceedings. It allows the Sessions Judge to review cases and make decisions, similar to the High Court. The Sessions Judge's decision is final in some cases, and no further revision can be made by the High Court or other courts.
What does Section 440 of BNSS say?
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What does Section 440 of BNSS mean?
Plain English Explanation
This section explains the powers of a Sessions Judge to revise certain legal proceedings. It allows the Sessions Judge to review cases and make decisions, similar to the High Court. The Sessions Judge's decision is final in some cases, and no further revision can be made by the High Court or other courts.
Practical Interpretation
In practice, this section means that the Sessions Judge has the authority to review and revise certain legal proceedings, such as those involving appeals or complaints. The Sessions Judge's decision is final in some cases, which can prevent further delays or appeals in the legal process.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for the Sessions Judge to review and revise certain legal proceedings, ensuring that justice is served efficiently and effectively. This section aims to balance the need for review and revision with the need for finality and efficiency in the legal process.
- •The Sessions Judge must have called for the record of the proceeding.
- •The proceeding must be one that can be revised by the High Court under Section 442.
- •The Sessions Judge must exercise powers similar to those of the High Court under Section 442.
- •The Sessions Judge's decision is final in some cases, and no further revision can be made by the High Court or other courts.
Practical Example of Section 440 BNSS
Rajesh, a Sessions Judge, receives a record of a proceeding involving a complaint against a local businessman, Amit. Rajesh decides to review the case and exercise his powers under Section 440. After reviewing the evidence, Rajesh makes a decision that is final and binding. Amit cannot appeal the decision to the High Court or any other court.
Frequently Asked Questions about Section 440 BNSS
Q: What is the punishment or consequence under Section 440 of BNSS?
There is no punishment or consequence under Section 440 of BNSS. This section deals with the powers of the Sessions Judge to revise legal proceedings, not with punishment or consequences.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities. The Sessions Judge's powers under Section 440 can be exercised in cases involving either private individuals or public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences, so it is not applicable to bailable or cognizable offences. However, the proceedings that can be revised under Section 440 may involve bailable or cognizable offences, depending on the specific circumstances.
Common Questions about Section 440 BNSS
What is Section 440 of BNSS?
Section 440 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Sessions Judge's powers of revision". In plain terms: This section explains the powers of a Sessions Judge to revise certain legal proceedings. It allows the Sessions Judge to review cases and make decisions, similar to the High Court. The Sessions Judge's decision is final in some cases, and no further revision can be made by the High Court or other courts.
What is the punishment under Section 440 of BNSS?
Section 440 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 440 of BNSS bailable or non-bailable?
Whether Section 440 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 440 of BNSS?
The essential elements of Section 440 of BNSS are: The Sessions Judge must have called for the record of the proceeding.; The proceeding must be one that can be revised by the High Court under Section 442.; The Sessions Judge must exercise powers similar to those of the High Court under Section 442..
Landmark Judgments under Section 440 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 440
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