Introduction
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), like the Criminal Procedure Code, 1973 has a detailed framework for the reference and revision in criminal cases. This article will study the key provisions related to reference and revision, under BNSS.
Reference to High Court (Section 436):
Section 436 of the BNSS provides a mechanism for lower courts to refer cases involving questions about the validity of Acts, Ordinances, or Regulations to the High Court. The court, upon forming an opinion about the invalidity or inoperability of such legal provisions, states its opinion and reasons, referring the case to the High Court.
Powers of Sessions Judge (Section 437-438):
Section 437 of BNSS empowers a Court of Session to refer questions of law to the High Court, even in cases not covered by Section 436. The court can either commit the accused to jail or release them on bail pending the High Court's decision. Section 438 of BNSS grants the High Court and Sessions Judge the authority to call for and examine records from inferior Criminal Courts within their jurisdiction to ensure correctness, legality, and propriety of findings, sentences, or orders.
Revisionary Powers (Section 439-440):
Section 439 of BNSS allows the High Court or Sessions Judge to examine records and order further inquiry into dismissed complaints or discharged cases.
The Sessions Judge under Section 440 of BNSS exercises revision powers akin to the High Court. The decision of the Sessions Judge on revision is final for the person involved, barring further revision by the High Court or any other court.
Section 441 - Powers of Additional Sessions Judge:
Section 441 of BNSS bestows upon an Additional Sessions Judge the authority to exercise all powers of a Sessions Judge under the BNSS concerning any case transferred to them by the Sessions Judge.
Section 442 - General Powers of Revision by High Court:
Section 442 of BNSS says that when judges composing the Court of revision are equally divided in opinion, the case is disposed of following the procedure outlined in Section 433 of BNSS. Section 433 of Bharatiya Nagarik Suraksha Sanhita says that:
'When an appeal under this Chapter is heard by a High Court before a Bench of Judges and they are divided in opinion, the appeal, with their opinions, shall be laid before another Judge of that Court, and that Judge, after such hearing as he thinks fit, shall deliver his opinion, and the judgment or order shall follow that
Provided that if one of the Judges constituting the Bench, or, where the appeal is laid before another Judge under this section, that Judge, so requires, the appeal shall be re-heard and decided by a larger Bench of Judges.'
Section 443 - Multiple Convictions at the Same Trial:
Section 443 of BNSS addresses a scenario where multiple persons convicted at the same trial file revision applications. In such situations, the High Court determines, considering the general convenience of the parties and the importance of the questions involved, whether the High Court or the Sessions Judge should handle the applications for revision.
Section 444 - Right to be Heard in Revision:
Section 444 of BNSS clarifies that, save as otherwise expressly provided by the BNSS, no party has an inherent right to be heard personally or by an advocate before any court exercising its powers of revision. However, the court, if it deems fit, may allow any party to be heard during the revision proceedings, adding an element of discretionary fairness to the process.
Section 445 - Certification of Decision:
Section 445 of BNSS outlines the procedural steps after the conclusion of a revision application. When a case is revised under the BNSS by the High Court or a Sessions Judge, the decision or order is certified in the manner provided by Section 429. This certified decision is then sent to the court where the original finding, sentence, or order was recorded or passed.
The court, upon receiving the certified decision, is obligated to make orders conformable to the certified decision.
FAQs on Reference and Revision under Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS):
Q1: What is the significance of Section 436 in BNSS?
A1: Section 436 provides a mechanism for lower courts to refer cases involving the validity of Acts, Ordinances, or Regulations to the High Court, ensuring higher scrutiny of essential legal questions.
Q2: Can a Court of Session refer questions of law under BNSS?
A2: Yes, Section 437 empowers a Court of Session to refer questions of law to the High Court. The court can also decide on the accused's custody status pending the High Court's decision.
Q3: How does Section 439 of BNSS empower the High Court or Sessions Judge?
A3: Section 439 allows the High Court or Sessions Judge to examine records and order further inquiry into dismissed complaints or discharged cases, ensuring a thorough review of the legal aspects.
Q4: Is the decision of the Sessions Judge final in revision cases under BNSS?
A4: Yes, as per Section 440, the decision of the Sessions Judge on revision is final for the person involved, with no further revision allowed by the High Court or any other court.
Q5: What powers does Section 442 of BNSS confer upon the High Court?
A5: Section 442 vests discretionary powers in the High Court to exercise the powers of an appellate court or a court of session, allowing flexibility in deciding the mode of disposal and ensuring fairness in proceedings.
Q6: How does BNSS address revision applications involving multiple persons convicted at the same trial?
A6: Section 443 provides clarity on whether the High Court or Sessions Judge should handle revision applications from multiple persons convicted at the same trial, considering factors like general convenience and the importance of questions involved.
Q7: What happens after the conclusion of a revision application under BNSS?
A7: Section 445 mandates the High Court or Sessions Judge to certify its decision to the court where the original finding, sentence, or order was recorded. This certified decision guides subsequent orders, and the record is amended if necessary.
Notes on reference and revision powers under BNSS (Bharatiya Nagarik Suraksha Sanhita)
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