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BNSS · Section 438 · Chapter XXXII — REFERENCE AND REVISION

Calling for records to exercise powers of revision.

What this section does

The High Court or any Sessions Judge may call for and examine the record of any proceeding before an inferior Criminal Court within their local jurisdiction to satisfy themselves as to the correctness, legality, or propriety of any finding, sentence, or order, and the regularity of proceedings. When calling for such record, they may suspend execution of any sentence or order and release the accused on bond or bail pending examination. Revision powers do not extend to interlocutory orders, and if an application is made to either the High Court or the Sessions Judge, no further application by the same person shall be entertained by the other.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors
High Court · Sessions Judge · Accused · Inferior Criminal Court · Magistrate
Old-law correspondence

Read the official text

For the binding statutory text of BNSS Section 438, refer to the Gazette of India or the India Code official website.

Why this matters

BNSS Section 438 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.