eMunshiFor citizens
Old law lookup

CrPC Section 397

Calling for records to exercise powers of revision

New section under BNSS

BNSS Section 438— Calling for records to exercise powers of revision.

Effective for any FIR, charge sheet, or filing on or after 1 July 2024. Matters that arose before that date continue under the CrPC.

What the new 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.

For the full text of the new section, see the linked BNSS page above. For the binding statutory text, refer to the India Code or the Gazette of India. This reference is informational, not legal advice.