Section 402 CrPC: High Court Power to Withdraw or Transfer Revision Cases
Section 402 of the Code of Criminal Procedure, 1973 governed how a High Court resolves competing criminal revision applications arising from the same trial when different convicted persons approach the High Court and the Sessions Judge. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 443.
Meaning and scope of Section 402 CrPC
A criminal revision is supervisory scrutiny by a superior criminal court of proceedings or orders of a subordinate criminal court, within statutory limits. Section 402 addresses a specific situation: persons convicted in the same trial file revision applications in different revisional forums. It empowers the High Court to select the forum that should finally hear those applications and direct their transfer accordingly.
This is different from the general power to transfer criminal trials or appeals. The section is concerned with coordinating revision applications to avoid fragmented consideration of the same trial.
Section 402 CrPC explained, subsection by subsection
When one or more persons convicted at the same trial apply to the High Court for revision, while another convicted person from that trial applies to the Sessions Judge, the High Court decides which court should finally dispose of the revision applications. It considers the general convenience of the parties and the importance of the questions involved. It then directs transfer of the pending applications either to itself or to the Sessions Judge, as appropriate.
An application transferred to the High Court is dealt with as though it had originally been duly filed before that court.
An application transferred to the Sessions Judge is dealt with as though it had originally been duly filed before that judge.
If the High Court transfers an application to the Sessions Judge, no further revision application lies to the High Court or another court at the instance of the person whose transferred revision has been disposed of by the Sessions Judge. This is a restriction on a further revision, not a general statement extinguishing every other remedy available under law.
Section 443 BNSS: Present-day corresponding provision
Section 443 of the Bharatiya Nagarik Suraksha Sanhita, 2023, titled Power of High Court to withdraw or transfer revision cases, substantially retains the four-part framework of former Section 402 CrPC. It provides for the High Court to select the appropriate revisional forum, transfer connected applications, treat transferred applications as duly filed in the receiving forum, and prevent a further revision after a transferred application is decided by the Sessions Judge.
For the statutory wording, see the official BNSS chapter text published by NCRB and the official CrPC-BNSS section correspondence table.
Practical illustration
Suppose two persons are convicted in one trial. The first files a revision before the High Court and the second files a revision before the Sessions Judge. Under Section 402 CrPC, or Section 443 BNSS where applicable, the High Court decides whether both revisions should be heard by itself or by the Sessions Judge. The High Court must take account of convenience and the importance of the legal questions before directing the appropriate transfer.
Related legal provisions
- Section 401 CrPC / Section 442 BNSS: High Court's powers of revision.
- Section 403 CrPC / Section 444 BNSS: Option of the court to hear parties.
- Section 405 CrPC / Section 445 BNSS: Certification of the High Court's order to the lower court.
- Section 531 BNSS: Repeal and savings, relevant to pending proceedings under the former CrPC.
Frequently asked questions
What is the current equivalent of Section 402 CrPC?
Section 443 BNSS is the corresponding provision governing the High Court's power to withdraw or transfer revision cases.
Can the High Court transfer a revision application to the Sessions Judge?
Yes. Where the statutory conditions are satisfied, the High Court can direct that revision applications pending before it be transferred to the Sessions Judge for disposal.
Can a party seek another revision after the Sessions Judge decides a transferred revision?
Subsection (4) bars a further revision application by the same person after the Sessions Judge disposes of the revision transferred by the High Court. Other potential remedies, if any, depend on the applicable law and facts.
Does Section 402 CrPC still apply after 1 July 2024?
The CrPC has been repealed, but Section 531 BNSS preserves specified pending proceedings under the former Code. Applicability requires examining when and how the particular proceeding commenced.
Official legal resources
India Code - Central Acts | BNSS statutory text | BNSS and CrPC correspondence