Criminal Procedure | Revision Jurisdiction

Section 403 CrPC: Option of Court to Hear Parties

Section 403 of the Code of Criminal Procedure, 1973 governed whether parties were entitled to be heard in criminal revision proceedings. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 444 BNSS.

Current legal position: The BNSS came into force on 1 July 2024 and repealed the CrPC, subject to the savings provisions in Section 531 BNSS. Pending proceedings and the applicable transitional rules must be considered before deciding which Code governs a case.

Text of Section 403 CrPC

403. Option of Court to hear parties

Save as otherwise expressly provided by this Code, no party has any right to be heard either personally or by pleader before any Court exercising its powers of revision; but the Court may, if it thinks fit, when exercising such powers, hear any party either personally or by pleader.

Meaning and legal effect of Section 403

Section 403 established a general rule for revision proceedings: a party could not demand an oral hearing as an unconditional right merely because the court was exercising revisional jurisdiction. The revisional court nevertheless had discretion to hear a party in person or through a pleader.

The opening words, "Save as otherwise expressly provided by this Code", are important. They make this general rule subject to specific statutory protections requiring an opportunity of hearing. For example, Section 401(2) CrPC prohibited an order prejudicial to the accused or another person without an opportunity to be heard personally or by pleader.

Corresponding current law: Section 444 BNSS

444. Option of Court to hear parties

Save as otherwise expressly provided by this Sanhita, no party has any right to be heard either personally or by an advocate before any Court exercising its powers of revision; but the Court may, if it thinks fit, when exercising such powers, hear any party either personally or by an advocate.

Section 444 BNSS retains the substance of the former rule while using the term "advocate" in place of "pleader". It does not override other provisions requiring a hearing, including protections applicable before an adverse revisional order is passed.

When may a revisional court hear the parties?

A court may consider oral submissions useful when a revision raises an important legal issue, the record requires clarification, or the proposed order may affect a person's rights. The decision is subject to the governing statute and the requirements of procedural fairness.

It is therefore necessary to distinguish between discretionary hearing under the general provision and a mandatory opportunity of hearing expressly protected elsewhere in criminal procedure law. The absence of an automatic oral-hearing right is not permission to disregard a specific hearing requirement.

CrPC Section 403 and BNSS Section 444: Key points

Subject: Hearing parties in criminal revision proceedings.
General rule: No automatic right to be heard in revision, except where otherwise expressly provided.
Court's power: The court may hear any party personally or through legal counsel.
Important exception: Statutory safeguards against prejudicial revisional orders remain applicable.
Transition: Section 531 BNSS governs repeal and savings, including specified proceedings pending immediately before commencement.

Frequently asked questions

Is an oral hearing compulsory in every criminal revision?

No. The general rule under Section 403 CrPC and Section 444 BNSS leaves the hearing to the court's discretion, unless another applicable provision expressly requires an opportunity of hearing.

Can a revisional court pass an adverse order without hearing the affected person?

Not where the applicable law requires a hearing before an order prejudicial to that person. Under the former CrPC, Section 401(2) expressly imposed such a safeguard in High Court revision proceedings. The corresponding BNSS safeguards must be read together with Section 444.

What is the BNSS equivalent of Section 403 CrPC?

Section 444 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Official legal sources

Updated: 18 October 2026. This article is for general legal information; application of transitional provisions and procedural safeguards depends on the facts and status of the proceedings.