Section 401 CrPC - High Court's Powers of Revision and Section 442 BNSS
Section 401 of the Code of Criminal Procedure, 1973 governed the High Court's revisional jurisdiction. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 442, in force from 1 July 2024.
Meaning and scope of revision
Revision is a supervisory remedy through which a superior criminal court examines proceedings of a subordinate criminal court for legal correctness, propriety and procedural regularity. It is not a substitute for a statutory appeal. Section 401 CrPC must be read with the broader revisional framework, including Section 397 CrPC; the corresponding BNSS framework includes Sections 438 and 442.
Section 401 CrPC - statutory provisions
The five subsections of the former Section 401 are reproduced below for reference, including proceedings saved by the transition provisions.
Section 401(1)
In the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 386, 389, 390 and 391 or on a Court of Session by section 307, and, when the Judges composing the Court of Revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 392.
Section 401(2)
No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by pleader in his own defence.
Section 401(3)
Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one of conviction.
Section 401(4)
Where under this Code an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed.
Section 401(5)
Where under this Code an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly.
Explanation of Section 401
Section 401(1)
The High Court may call for or consider the record of a proceeding and exercise specified appellate powers under CrPC sections 386, 389, 390 and 391, or the Sessions Court power under section 307. An equally divided revisional bench follows section 392.
Section 401(2)
Before passing an order prejudicial to an accused or another person, the High Court must provide an opportunity of hearing, personally or through a pleader.
Section 401(3)
The High Court cannot directly change an acquittal into a conviction while exercising revisional powers.
Section 401(4)
A person who could have appealed but did not do so cannot ordinarily seek revision instead.
Section 401(5)
Where revision was filed under a mistaken belief that no appeal lay, the High Court may, if justice requires, treat it as an appeal.
Current law: Section 442 BNSS
Section 442 BNSS retains the five-part structure of Section 401 CrPC. Subsection (1) refers to BNSS Sections 427, 430, 431 and 432 (appellate powers), Section 344 (Sessions Court power) and Section 433 (procedure where judges differ). Subsection (2) uses the term "advocate" in place of "pleader". The core safeguards concerning hearing, acquittal, the appeal-versus-revision restriction and conversion of a mistaken revision into an appeal remain.
For the authoritative enacted text, consult the India Code legislative database or the Bureau of Police Research and Development's BNSS text.
Repeal and savings under Section 531 BNSS
Section 531 repeals the CrPC but expressly saves specified proceedings pending immediately before commencement on 1 July 2024. Those pending appeals, applications, trials, inquiries and investigations continue under the earlier Code as provided in Section 531(2)(a). The provision also addresses continuity of certain orders and instruments and prevents revival of expired limitation periods merely because of the new law.
Practical points for a revision petition
- Identify the challenged order and the applicable procedural law.
- Check whether a statutory appeal is available before choosing revision.
- Explain the alleged legal error, material irregularity or jurisdictional defect with reference to the record.
- Identify all persons who may be prejudiced and ensure the required hearing opportunity.
- Do not seek direct conversion of an acquittal into a conviction in revision.
Frequently asked questions
What replaced Section 401 CrPC?
Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the corresponding provision governing the High Court's revisional powers.
Can a High Court convict an acquitted person in revision?
No. Section 401(3) CrPC and Section 442(3) BNSS prohibit direct conversion of an acquittal into a conviction in revision.
Can revision be filed when an appeal is available?
Ordinarily not at the instance of the party entitled to appeal. The High Court may, subject to statutory conditions, treat a mistakenly filed revision as an appeal.
Does Section 401 CrPC still matter?
Yes. It remains relevant to proceedings governed by the CrPC under the saving provisions of Section 531 BNSS.
Updated: 18 October 2026. This article provides general legal information, not advice on a specific case.