Code: Section 442 BNSS
(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 Section 427 BNSS, Section 430 BNSS, Section 431 BNSS, and Section 432 BNSS or on a Court of Session by Section 344, and, when the Judges composing the Court of revision are equally divided in opinion, the case shall be disposed of as provided in Section 433 BNSS.
(2) No order under this section shall be made to the prejudice of the accused or any other person unless he has had an opportunity of being heard either personally or by an advocate in his defense.
(3) Nothing in this section shall be deemed to authorize a High Court to convert a finding of acquittal into one of conviction.
(4) Where under this Sanhita 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.
(5) Where under this Sanhita 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 it accordingly.
Explanation of Section 442 BNSS
Section 442 BNSS outlines the revisional powers of the High Court, allowing it to review cases where an error may have occurred. This power ensures that miscarriages of justice are corrected while maintaining judicial fairness.
Key Provisions
- Scope of Revisional Powers
- The High Court can exercise the same powers as an Appellate Court under Sections 427 BNSS, 430, 431, and 432 BNSS.
- It can also use powers granted to a Court of Session under Section 344 BNSS.
- Hearing Opportunity for Accused
- The High Court cannot pass an adverse order against the accused without giving them a fair hearing.
- No Conversion of Acquittal into Conviction
- The High Court cannot overturn an acquittal and convert it into a conviction.
- Restriction on Revisional Proceedings
- If a person had the option to appeal but chose not to, they cannot seek revision as an alternative.
- Misfiled Revision Treated as an Appeal
- If an individual mistakenly files a revision petition instead of an appeal, the High Court may convert it into an appeal if required for justice.
Illustration
Example 1: Revising a Sentence for Error
A Sessions Court wrongly sentences a person under an incorrect legal provision. The High Court, on revision, corrects the sentencing error while ensuring that the accused is heard before making changes.
Example 2: Incorrectly Filed Revision Treated as Appeal
A convicted person files for revision instead of an appeal, believing that appeal was not an option. The High Court, seeing the mistake, treats it as an appeal and proceeds accordingly.
Common Questions and Answers on Section 442 BNSS
1. Can the High Court increase a sentence under revision?
Yes, but only after hearing the accused. The High Court cannot enhance a sentence arbitrarily without providing an opportunity for defense.
2. Can the High Court overturn an acquittal under revision?
No. Section 442(3) BNSS explicitly prohibits converting an acquittal into a conviction under revision powers.
3. When can the High Court refuse a revision petition?
The High Court can refuse a revision if:
- The petitioner had an option to appeal but chose not to.
- The revision lacks substantial legal grounds.
4. What happens if the revision judges are equally divided in opinion?
If the judges have differing opinions, the case is disposed of as per Section 433 BNSS.
5. Can the High Court convert a revision petition into an appeal?
Yes. If a petitioner wrongly files a revision petition instead of an appeal, the High Court can treat it as an appeal for justice.
Conclusion
Section 442 BNSS provides the High Court with broad revisional powers while ensuring fairness to the accused. It prevents wrongful convictions, incorrect sentencing, and procedural errors, ensuring that justice is upheld.
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