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

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory text

(1) The High Court or any Sessions Judge
may call for and examine the record of any proceeding before any inferior Criminal Court situate within its
or  his  local  jurisdiction  for  the  purpose  of  satisfying  itself  or  himself  as  to  the  correctness,  legality  or
propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings
of such inferior Court, and may, when calling, for such record, direct that the execution of any sentence or
order be suspended, and if the accused is in confinement that he be released on his own bond or bail bond
pending the examination of the record.
Explanation.—All  Magistrates,  whether  Executive  or  Judicial,  and  whether  exercising  original  or
appellate  jurisdiction,  shall  be  deemed  to  be  inferior  to  the  Sessions  Judge  for  the  purposes  of this  sub-
section and of section 439.
(2)  The  powers  of  revision  conferred  by  sub-section  (1)  shall  not  be  exercised  in  relation  to  any
interlocutory order passed in any appeal, inquiry, trial or other proceeding.
(3) If an application under this section has been made by any person either to the High Court or to the
Sessions Judge, no further application by the same person shall be entertained by the other of them.

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