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Bharatiya Nagarik Suraksha Sanhita

Section 443

Power of High Court to withdraw or transfer revision cases

Quick Answer Reference: Section 443 BNSS

  • Provision: Section 443 of BNSS
  • Act: Bharatiya Nagarik Suraksha Sanhita
  • Classification: REFERENCE AND REVISION
  • Jurisdiction: India
  • Summary: When multiple people are convicted at the same trial and some of them apply for revision to the High Court while others apply to the Sessions Judge, the High Court decides which court should handle the revision applications. If the High Court decides to handle all the applications, it transfers the Sessions Judge's applications to itself. If it decides not to handle the applications, it transfers its own applications to the Sessions Judge. Once the Sessions Judge disposes of the applications, no further revision applications can be made to the High Court or any other court.
Statutory Content

What does Section 443 of BNSS say?

(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.

Indian StandardSection 443, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 443 (India)
Court Pleading StandardSection 443 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/443

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose

What does Section 443 of BNSS mean?

Plain English Explanation

When multiple people are convicted at the same trial and some of them apply for revision to the High Court while others apply to the Sessions Judge, the High Court decides which court should handle the revision applications. If the High Court decides to handle all the applications, it transfers the Sessions Judge's applications to itself. If it decides not to handle the applications, it transfers its own applications to the Sessions Judge. Once the Sessions Judge disposes of the applications, no further revision applications can be made to the High Court or any other court.

Practical Interpretation

This section is used in real-life scenarios where multiple people are convicted at the same trial and some of them want to appeal to the High Court while others want to appeal to the Sessions Judge. The High Court decides which court should handle the appeals, and if it decides to handle them, it transfers the Sessions Judge's appeals to itself. If it decides not to handle them, it transfers its own appeals to the Sessions Judge.

Core Legal Purpose

The core purpose of this section is to ensure that revision applications are handled efficiently and effectively by either the High Court or the Sessions Judge, depending on the circumstances of the case.

Key Legal Elements
  • Multiple people are convicted at the same trial.
  • Some of them apply for revision to the High Court while others apply to the Sessions Judge.
  • The High Court decides which court should handle the revision applications.
  • If the High Court decides to handle all the applications, it transfers the Sessions Judge's applications to itself.
Practical Example

Practical Example of Section 443 BNSS

Rajesh and Priya were convicted at the same trial for a crime. Rajesh applied for revision to the High Court, while Priya applied to the Sessions Judge. The High Court decided to handle all the revision applications, so it transferred Priya's application to itself. The High Court then disposed of both Rajesh's and Priya's applications. After this, no further revision applications could be made to the High Court or any other court.

Common Questions (FAQ)

Frequently Asked Questions about Section 443 BNSS

Q: What is the punishment or consequence under Section 443 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 power of the High Court to withdraw or transfer revision cases.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not deal with criminal classification, so it is neither bailable nor cognizable.

People Also Ask (PAA)

Common Questions about Section 443 BNSS

What is Section 443 of BNSS?

Section 443 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power of High Court to withdraw or transfer revision cases". In plain terms: When multiple people are convicted at the same trial and some of them apply for revision to the High Court while others apply to the Sessions Judge, the High Court decides which court should handle the revision applications. If the High Court decides to handle all the applications, it transfers the Sessions Judge's applications to itself. If it decides not to handle the applications, it transfers its own applications to the Sessions Judge. Once the Sessions Judge disposes of the applications, no further revision applications can be made to the High Court or any other court.

What is the punishment under Section 443 of BNSS?

Section 443 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 443 of BNSS bailable or non-bailable?

Whether Section 443 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 443 of BNSS?

The essential elements of Section 443 of BNSS are: Multiple people are convicted at the same trial.; Some of them apply for revision to the High Court while others apply to the Sessions Judge.; The High Court decides which court should handle the revision applications..

Landmark Case Laws

Landmark Judgments under Section 443 BNSS

2014 8 SCC 273

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

2017 10 SCC 1

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

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