(1) In the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 427, 430, 431 and 432 or on a Court of Session by section 344, and, when the Judges composing the Court of revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 433. (2) No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by advocate in his own defence. (3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one of conviction. (4) Where under this Sanhita an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed. (5) Where under this Sanhita an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly.
Bharatiya Nagarik Suraksha Sanhita
Section 442
High Court's powers of revision
⚡ Quick Answer Reference: Section 442 BNSS
- Provision: Section 442 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: REFERENCE AND REVISION
- Jurisdiction: India
- Summary: The High Court can review and revise decisions made by lower courts in certain cases. This can happen if the High Court calls for the record of a case or if it comes to their knowledge through other means. The High Court can then use its discretion to exercise powers similar to those of a Court of Appeal or a Court of Session. However, the High Court cannot convert an acquittal into a conviction. Additionally, if an appeal could have been made but wasn't, the High Court won't entertain a revision application from the same party.
What does Section 442 of BNSS say?
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What does Section 442 of BNSS mean?
Plain English Explanation
The High Court can review and revise decisions made by lower courts in certain cases. This can happen if the High Court calls for the record of a case or if it comes to their knowledge through other means. The High Court can then use its discretion to exercise powers similar to those of a Court of Appeal or a Court of Session. However, the High Court cannot convert an acquittal into a conviction. Additionally, if an appeal could have been made but wasn't, the High Court won't entertain a revision application from the same party.
Practical Interpretation
In real-world practice, this section means that the High Court can step in and review decisions made by lower courts if it deems necessary. This can happen in cases where the High Court has called for the record or has come across the case through other means. The High Court can then use its discretion to exercise powers similar to those of a Court of Appeal or a Court of Session. However, there are certain limitations, such as not being able to convert an acquittal into a conviction.
Core Legal Purpose
The core purpose of this section is to provide the High Court with the power to review and revise decisions made by lower courts in certain cases. This is to ensure that justice is served and that the High Court can correct any errors or injustices that may have occurred in the lower courts.
- •The High Court must have called for the record of the case or have come to its knowledge through other means.
- •The High Court must exercise its discretion to use powers similar to those of a Court of Appeal or a Court of Session.
- •The High Court cannot convert an acquittal into a conviction.
- •If an appeal could have been made but wasn't, the High Court won't entertain a revision application from the same party.
Practical Example of Section 442 BNSS
Rajesh, a lawyer, represents a client who was acquitted of a crime by a lower court. However, Rajesh believes that the acquittal was incorrect and that the High Court should review the case. Rajesh files an application for revision with the High Court, citing that the lower court made an error in its decision. The High Court, after reviewing the case, decides to exercise its powers and review the decision of the lower court. However, the High Court finds that the acquittal was correct and upholds the decision of the lower court.
Frequently Asked Questions about Section 442 BNSS
Q: What is the punishment or consequence under Section 442 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 both private individuals and public entities, as it deals with the powers of the High Court to review and revise decisions made by lower courts.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not deal with criminal offenses. Therefore, it is neither bailable nor cognizable.
Common Questions about Section 442 BNSS
What is Section 442 of BNSS?
Section 442 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "High Court's powers of revision". In plain terms: The High Court can review and revise decisions made by lower courts in certain cases. This can happen if the High Court calls for the record of a case or if it comes to their knowledge through other means. The High Court can then use its discretion to exercise powers similar to those of a Court of Appeal or a Court of Session. However, the High Court cannot convert an acquittal into a conviction. Additionally, if an appeal could have been made but wasn't, the High Court won't entertain a revision application from the same party.
What is the punishment under Section 442 of BNSS?
Section 442 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 442 of BNSS bailable or non-bailable?
Whether Section 442 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 442 of BNSS?
The essential elements of Section 442 of BNSS are: The High Court must have called for the record of the case or have come to its knowledge through other means.; The High Court must exercise its discretion to use powers similar to those of a Court of Appeal or a Court of Session.; The High Court cannot convert an acquittal into a conviction..
Landmark Judgments under Section 442 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 442
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