Criminal Revision Under the BNSS (Section 442): CrPC 397 and 401 Mapping (2026)
What criminal revision means under Section 442 of the BNSS, the High Court’s power to correct a lower court order, its limits, and how it maps to Sections 397 and 401 of the old CrPC. Last verified October 2026.
Explainer · Criminal Procedure · BNSS
Not every wrong order can be appealed, but many can be revised. Criminal revision lets a higher court step in to correct a lower court order that is illegal or improper. Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) sets out the High Court’s power of revision, and it replaced Section 401 of the old Code of Criminal Procedure, 1973 (CrPC). It carries no punishment, because revision is a supervisory power, not a sentence. Last verified October 2026.
- What it is: Section 442 of the BNSS is the High Court’s power of criminal revision over lower court orders.
- Old section: it replaces Section 401 of the CrPC; the power to call for records replaced Section 397.
- Limits: a hearing is required before any adverse order, and the court cannot convert an acquittal into a conviction.
- Not an appeal: revision is a narrow check on legality and propriety, not a rehearing of the evidence.
- Research and tracking: Claw searches 30 crore+ judgments and tracks matters across 9,102 courts, benches and forums.
01Why criminal revision matters
Some orders cannot be appealed, yet they are plainly wrong: an order framing a charge, a refusal to summon a witness, an order on a procedural point, or an interim direction. Letting such orders stand until the end of the trial can cause real harm.
Revision fills that gap. A higher court can call for the record of a lower court and satisfy itself that the finding, sentence, or order is legal, regular, and proper. If it is not, the court can correct it. This supervisory power keeps the lower courts within the law.
People searching "bnss 442", "section 397 crpc in bnss", or "criminal revision petition" are looking for this power and its limits.
02What Section 442 covers
Section 442 gives the High Court the power of revision over the orders of subordinate criminal courts. In exercising it, the High Court may use the powers of an appellate court in several respects, and may examine the record to check that an order is legal, regular, and proper. The power is discretionary and is meant to correct a serious error, not to re-try the case.
Two features matter in practice:
- A hearing is required before any adverse order. No order under this section can be made to the prejudice of the accused or any other person unless they have had a chance to be heard, in person or through an advocate.
- No conviction in place of acquittal. The High Court cannot, in revision, convert a finding of acquittal into one of conviction. At most it can set aside the order and send the matter back. The Supreme Court has confirmed this limit under the old Section 401, and it carries into Section 442.
The related power to call for and examine the record, so the court can decide whether to exercise revision, sits in the same revision chapter of the BNSS and replaced Section 397 of the CrPC.
A procedure provision, not an offence
Section 442 does not create a crime and has no punishment. It is a supervisory power to correct lower court orders. Any punishment comes from the offence tried, not from this section.
03Sections 397 and 401 CrPC to the BNSS
Section 442 of the BNSS replaces Section 401 of the CrPC, the High Court’s power of revision. The connected power to call for records, which was Section 397 of the CrPC, is in the same revision chapter of the BNSS. The scheme, discretionary supervision subject to a hearing and to the bar on converting an acquittal, is carried over.
| Old law (CrPC, 1973) | New law (BNSS, 2023) | Subject |
|---|---|---|
| Section 397 | Revision chapter of the BNSS | Power to call for records to exercise revision |
| Section 401 | Section 442 | High Court’s powers of revision |
A caution on numbering: do not confuse the revision sections with anticipatory bail. Anticipatory bail, which was Section 438 of the CrPC, is now Section 482 of the BNSS, not a revision provision. Some sources mix these up, so always confirm the section before you draft. See the CrPC to BNSS section mapping.
04Revision is not an appeal
Revision and appeal are often confused, but they do different jobs.
- An appeal is a rehearing on facts and law, available only where the law grants it. The appellate court can reappraise the evidence and can reverse a verdict, including converting an acquittal into a conviction in a proper appeal against acquittal. See criminal appeals under the BNSS.
- A revision is a narrower, discretionary check on legality and propriety. The revisional court does not reappraise evidence like an appellate court and cannot convert an acquittal into a conviction.
There is also a bar on a second revision: a party who has moved the Sessions Court in revision generally cannot then move the High Court in revision on the same matter. For the practical steps, see how to file a criminal revision under the BNSS.
05Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Revision lives in fine distinctions of legality and propriety, so precedent decides most petitions, and the window to file is short. Claw helps on both counts. You can search more than 30 crore judgments by section, party, or advocate, with results in under 5 seconds, to find revisional orders on points like yours, including under the old Sections 397 and 401. Your matter can then be followed across 9,102 courts, benches and forums, with its orders and listing dates kept in view, so the short revision window is not missed. See case search across Indian courts.
Create a free Claw account to search and follow revision matters by party or advocate name. Claw does not use customer case documents to train AI models; it researches and tracks the case but does not draft or file the revision petition, and it is no replacement for legal advice.
06Sources and further reading
- India Code (official text of the BNSS, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Supreme Court of India (judgments): sci.gov.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text of Section 442 and take advice from counsel before you file.
07Frequently asked questions
What is Section 442 of the BNSS?
Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the High Court’s power of criminal revision. It lets the High Court examine the record of a lower criminal court to check that an order is legal, regular, and proper, and to correct it where it is not.
Which old sections does Section 442 BNSS relate to?
Section 442 replaces Section 401 of the CrPC, the High Court’s power of revision. The related power to call for records, which was Section 397 of the CrPC, is in the same revision chapter of the BNSS.
Can the High Court convert an acquittal into a conviction in revision?
No. In revision the High Court cannot convert a finding of acquittal into one of conviction. At most it can set aside the order and remand the matter. The Supreme Court confirmed this under the old Section 401, and it carries into Section 442.
What is the difference between revision and appeal?
An appeal is a rehearing on facts and law where the appellate court can reappraise evidence and reverse a verdict. A revision is a narrower, discretionary check on legality and propriety, and it does not reappraise evidence the way an appeal does.
Is anticipatory bail covered by Section 442?
No. Anticipatory bail, which was Section 438 of the CrPC, is now Section 482 of the BNSS. Section 442 is about revision only. Some sources confuse these numbers, so confirm the section before you draft.
Can I track a revision petition in Claw?
Yes. Claw follows a revision across 9,102 courts, benches and forums, keeping its orders and listing dates in view, which helps with the short revision window. You can also search more than 30 crore judgments for revisional orders in under 5 seconds. Claw does not file the petition or give legal advice.