Bharatiya Nagarik Suraksha Sanhita

Section 444

Option of Court to hear parties

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⚡ Quick Answer Reference: Section 444 BNSS

Provision: Section 444 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: REFERENCE AND REVISION
Jurisdiction: India
Summary: This section says that usually, a party can't be heard by a court when it's revising a decision, but the court can choose to hear them if it wants to.

Statutory Content

What does Section 444 of BNSS say?

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.

Indian StandardSection 444, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 444 (India)

Court Pleading StandardSection 444 of the Bharatiya Nagarik Suraksha Sanhita

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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 444 of BNSS mean?

Plain English Explanation

This section says that usually, a party can't be heard by a court when it's revising a decision, but the court can choose to hear them if it wants to.

Practical Interpretation

In real practice, this section means that a court has the discretion to decide whether to hear a party when revising a decision, but it's not required to do so.

Core Legal Purpose

The core purpose of this section is to give courts the flexibility to decide whether to hear parties when exercising their revision powers, while also ensuring that parties don't have an automatic right to be heard.

Key Legal Elements

•The court must be exercising its powers of revision.
•The court must not be required to hear the party by any other provision of the Sanhita.
•The court must think it fit to hear the party.
•The court may hear the party either personally or by an advocate.

Practical Example

Practical Example of Section 444 BNSS

Rajesh, a party to a case, is unhappy with the court's decision and wants to appeal. The court is exercising its powers of revision, but Rajesh's lawyer argues that he should be heard. According to Section 444 of BNSS, the court has the discretion to decide whether to hear Rajesh. If the court thinks it fit, it may choose to hear Rajesh either personally or through his lawyer.

Common Questions (FAQ)

Frequently Asked Questions about Section 444 BNSS

Q: What is the punishment or consequence under Section 444 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 all parties, including private individuals and public entities, when a court is exercising its powers of revision.

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

This section is a procedural provision and does not relate to criminal offenses, so it is neither bailable nor cognizable.

Common Questions about Section 444 BNSS

What is Section 444 of BNSS?

Section 444 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Option of Court to hear parties". In plain terms: This section says that usually, a party can't be heard by a court when it's revising a decision, but the court can choose to hear them if it wants to.

What is the punishment under Section 444 of BNSS?

Section 444 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 444 of BNSS bailable or non-bailable?

Whether Section 444 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 444 of BNSS?

The essential elements of Section 444 of BNSS are: The court must be exercising its powers of revision.; The court must not be required to hear the party by any other provision of the Sanhita.; The court must think it fit to hear the party..

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