Section 400 CrPC: Power of Additional Sessions Judge - Section 441 BNSS
Section 400 of the Code of Criminal Procedure, 1973 (CrPC) authorises an Additional Sessions Judge to exercise a Sessions Judge's powers under the chapter on reference and revision when a case is transferred by or under a general or special order of the Sessions Judge. The corresponding provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), is Section 441.
Section 400 CrPC - Statutory text
An Additional Sessions Judge shall have and may exercise all the powers of a Sessions Judge under this Chapter in respect of any case which may be transferred to him by or under any general or special order of the Sessions Judge.
The provision is located in Chapter XXX (Reference and Revision) of the CrPC. Its purpose is to enable distribution of revisional work within the Sessions Court while keeping the authority to transfer cases with the Sessions Judge.
Section 441 BNSS - Current corresponding provision
An Additional Sessions Judge shall have and may exercise all the powers of a Sessions Judge under this Chapter in respect of any case which may be transferred to him by or under any general or special order of the Sessions Judge.
Section 441 is in Chapter XXXII (Reference and Revision) of the BNSS. The language of this provision remains substantively unchanged from Section 400 CrPC. The Additional Sessions Judge's authority under this provision applies to the case transferred by or under the Sessions Judge's general or special order.
Meaning and scope of the provision
1. Powers exercised in a transferred case
An Additional Sessions Judge may exercise all the powers that a Sessions Judge can exercise under the relevant chapter on reference and revision, but only in respect of a case transferred in the manner described in the section. The provision is not a general transfer of every function of a Sessions Judge.
2. General order or special order
A general order may allocate a defined class of matters, while a special order may transfer an identified case. In either situation, the source of authority is the Sessions Judge's order or an order made under that authority.
3. Relationship with revisional jurisdiction
Section 400 CrPC is read with Section 399 CrPC, which deals with the Sessions Judge's powers of revision. Under the BNSS, the corresponding provisions are Sections 440 and 441; the power to call for records is set out in Section 438 BNSS (formerly Section 397 CrPC).
4. Statutory limitations remain applicable
Transfer to an Additional Sessions Judge does not eliminate limitations and safeguards governing revision. For example, restrictions concerning interlocutory orders and repeated revision applications must be considered under the applicable code and case law.
CrPC Section 400 and BNSS Section 441 at a glance
| Point | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Section | 400 | 441 |
| Subject | Power of Additional Sessions Judge | Power of Additional Sessions Judge |
| Chapter | XXX - Reference and Revision | XXXII - Reference and Revision |
| Authority | Transferred case under a general or special order of the Sessions Judge | Same requirement |
| Text | Original provision | Operative wording retained |
Practical example
Suppose a criminal revision is filed before the Sessions Court. The Sessions Judge transfers the matter to an Additional Sessions Judge under a valid general allocation order. In that transferred case, the Additional Sessions Judge can exercise the powers available to the Sessions Judge under the relevant revision chapter, subject to the code's applicable conditions and limits.
Effect of repeal and savings under Section 531 BNSS
The BNSS repealed the CrPC with effect from 1 July 2024, subject to statutory savings. Section 531 addresses specified proceedings, including appeals, applications, trials, inquiries and investigations pending immediately before commencement. The correct procedural law for a particular matter therefore depends on when it was pending or instituted and the applicable savings language. Do not assume that every pending case automatically shifted to the BNSS.
Frequently asked questions
Which BNSS section corresponds to Section 400 CrPC?
Section 441 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponds to Section 400 of the Code of Criminal Procedure, 1973.
Can an Additional Sessions Judge exercise revisional powers?
Yes. Under Section 441 BNSS, an Additional Sessions Judge may exercise the powers of a Sessions Judge under Chapter XXXII in a case transferred by or under a general or special order of the Sessions Judge.
Is a transfer order necessary?
The section makes exercise of the chapter powers in a particular case dependent on transfer by or under a general or special order of the Sessions Judge.
Does the earlier CrPC still matter?
Yes. Section 531 BNSS contains repeal and savings provisions for specified pending proceedings and other matters. Applicability depends on the procedural history and relevant saving rules.
Official legal sources
- Bureau of Police Research and Development - Bharatiya Nagarik Suraksha Sanhita, 2023 (official PDF) - see Sections 438, 440, 441 and 531.
- India Code - Government of India legislative database - consult the BNSS and historical CrPC texts.
- Ministry of Home Affairs - legislation and commencement notifications.
This article is general legal information, not advice on any specific proceeding. Consult the latest official legislation, notifications and binding judicial decisions.