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CrPC Section 401

High Court's powers of revision

New section under BNSS

BNSS Section 442— High Court's 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, in revision, may exercise appellate powers under sections 427, 430, 431 and 432 or the Sessions Court's power under section 344, either on its own motion or when a record is called for. The accused must be heard before any prejudicial order is passed, and the High Court cannot convert an acquittal into a conviction. Where an appeal lay but was not brought, revision at the instance of that party is barred; however, the High Court may treat a revision application as an appeal if it was filed under an erroneous belief that no appeal lay.

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.