How to File a Criminal Revision Under the BNSS (Section 442) (2026)
A step-by-step guide to filing a criminal revision under the Bharatiya Nagarik Suraksha Sanhita, 2023: what revision is, when to use it instead of an appeal, which court, limitation, the limits on the power, and the pitfalls. Last verified October 2026.
How-to · Criminal · BNSS 2023
Not every wrong order can be appealed. A Magistrate frames a charge that should not stand, rejects an application that should have been allowed, or passes an order the law does not permit, and there is no appeal against it. Revision is the remedy that fills that gap. This guide explains how to file a criminal revision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the revision provisions of the old CrPC. It covers what revision is, when to use it instead of an appeal, the forum, limitation, the limits on the power, and the pitfalls. Last verified October 2026.
- What it is: a higher court’s supervisory check on the correctness, legality or propriety of a lower court order, where no appeal lies.
- New-code section: Section 442 of the BNSS (High Court’s power of revision), with Section 438 to call for records and Section 440 for the Sessions Judge (old CrPC 401, 397 and 399).
- Key limit: a High Court cannot convert an acquittal into a conviction in revision, and a second revision by the same party is generally barred.
- When to use it: to correct a clear error where there is no right of appeal.
- Tracking the case: Claw tracks revisions and hearings across 9,102 forums.
01What revision is
Revision is a supervisory power. A higher court calls for and examines the record of a lower court to satisfy itself about the correctness, legality or propriety of an order or finding, and the regularity of the proceedings. It is not a full rehearing like an appeal. It is a check on serious error.
Revision is discretionary. The court is not bound to interfere just because another view is possible. It steps in where there is a clear illegality, a jurisdictional error, or a miscarriage of justice.
02Revision or appeal: which one
Choosing the wrong remedy wastes time, so start here.
- Use an appeal where the law gives a right of appeal, for example against a conviction. An appeal is a full rehearing on facts and law.
- Use revision where no appeal lies, or against certain orders that an appeal does not reach, to correct a clear error. Revision is narrower and discretionary.
Interlocutory orders
Revision generally does not lie against a purely interlocutory order. Whether an order is interlocutory or not has been the subject of much case law, so check how courts have treated an order like yours.
03Old law to new law
The revision scheme moved from the CrPC to the BNSS with the core powers preserved.
| New law (BNSS, 2023) | Old law (CrPC, 1973) | Subject |
|---|---|---|
| Section 438 | Section 397 | Power to call for records to exercise revision |
| Section 440 | Section 399 | Sessions Judge’s powers of revision |
| Section 442 | Section 401 | High Court’s powers of revision |
| Section 443 | Section 402 | Power of the High Court to withdraw or transfer revision cases |
Commentary describes Section 442 as substantially the same as the old Section 401. The main building blocks, calling for the record, the Sessions Judge’s parallel power, and the High Court’s power, all carried over.
04Which court, and limits on the power
You can move either the Court of Session or the High Court in revision, but there is an important bar.
- One revision, not two. Where a person has applied in revision to the Sessions Judge, a further revision at that person’s instance to the High Court is generally barred. Choose your forum with that in mind.
- No acquittal to conviction. The High Court cannot use revision to convert a finding of acquittal into one of conviction. If it thinks an acquittal is wrong, it can set aside the order and direct a retrial or a rehearing of the appeal, but it cannot itself convict.
- A right to be heard. No order to the prejudice of the accused or another person can be made without giving them a chance to be heard, in person or through an advocate.
Revision checks an order for clear error. In its criminal revision power, a High Court cannot turn an acquittal into a conviction.
The Supreme Court applied the no-conversion rule in C.N. Shantha Kumar v. M.S. Srinivas, holding that a High Court in revision cannot convert an acquittal to a conviction, and should instead remand for fresh consideration.
05Step by step: how to file
- Confirm revision is the right remedy. Check that no appeal lies, and that the order is not a purely interlocutory one outside revision.
- Choose the forum carefully. Decide between the Court of Session and the High Court, remembering that a revision to the Sessions Judge usually blocks a later revision to the High Court at the same person’s instance.
- Obtain the certified copy of the order. You need the certified copy of the order you are challenging.
- Draft the revision petition. State the order, the grounds (illegality, jurisdictional error, perversity), and the relief. Keep it focused on error, not on re-arguing every fact.
- File within limitation, with a delay application if needed. Present the petition in the chosen court, and explain any delay.
- Seek a stay if needed. Ask the revisional court to stay the proceedings or the operation of the order while the revision is heard, where that is justified.
06Limitation and the bar on a second revision
A revision petition is time-bound, running from the date of the order challenged, and a delay needs a separate application with reasons. Do not assume a fixed number of days, because it is set by the Limitation Act and varies by situation.
Keep the single-revision bar in mind. If you go first to the Sessions Judge and lose, the door to the High Court in revision is usually closed for the same party. In that situation, the remedy may instead lie in the High Court’s inherent power to prevent abuse of process. See how inherent powers work under Section 528.
07Common pitfalls
- Using revision where an appeal lies. If a right of appeal exists, use it. Revision is not a substitute for a missed appeal.
- Burning the second revision. A revision to the Sessions Judge can block a High Court revision for the same party. Pick the forum deliberately.
- Asking the court to convert an acquittal. A High Court cannot convict in revision, so frame the relief as setting aside and remand, not conviction.
- Re-arguing the whole case. Revision is about clear error, not a fresh appreciation of all the evidence. Keep the grounds sharp.
For the law on the High Court’s revision power, see criminal revision under BNSS Section 442. To compare with the appeal route, see how to file a criminal appeal.
08Where 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 is discretionary, so everything turns on showing the court how comparable orders have been treated before. Claw lets you search 30 crore+ judgments on Section 442 and the old Sections 397 and 401 in under 5 seconds, with Supreme Court rulings available from 1950 and High Court rulings from 1990, so a decades-old revision authority is still within reach. You can also follow the revision, its orders and its hearings by party or advocate name across 9,102 courts, benches and forums. Start from the all-courts case search hub. Set up a free Claw account to look up revision precedent and keep track of your petition by party or advocate name.
Claw follows and researches the matter; it does not draft or file the revision petition for you and is no substitute for legal advice, and it does not use customer case documents to train AI models.
09Sources and further reading
- India Code (Bharatiya Nagarik Suraksha Sanhita, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Claw: clawlaw.in
This guide is general information, not legal advice. The law changes through amendments and judgments, so check the current text of the BNSS and take advice from counsel before you file.
10Frequently asked questions
What is a criminal revision under the BNSS?
It is a request to a higher court to examine a lower court’s record and check the correctness, legality or propriety of an order, where no appeal lies. The High Court’s power is in Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaces Section 401 of the CrPC.
When should I file a revision instead of an appeal?
File a revision where the law gives no right of appeal, or against certain orders an appeal does not reach, to correct a clear error. Where a right of appeal exists, such as against a conviction, use the appeal. Revision is narrower and discretionary.
Can I file a revision in both the Sessions Court and the High Court?
Generally no. If you apply in revision to the Sessions Judge and lose, a further revision to the High Court at your instance is usually barred. Choose the forum deliberately, as one party normally gets one revision.
Can a High Court convict me in revision after an acquittal?
No. In its revision power the High Court cannot convert a finding of acquittal into a conviction. If it thinks the acquittal is wrong, it can set it aside and order a retrial or rehearing, as the Supreme Court held in C.N. Shantha Kumar.
Which old sections does BNSS Section 442 replace?
Section 442 replaces Section 401 of the CrPC (High Court’s power of revision). The power to call for records, old Section 397, is Section 438, and the Sessions Judge’s power, old Section 399, is Section 440.
Can I track a revision petition in Claw?
Yes. Claw lets you search 30 crore+ judgments on Section 442 in under 5 seconds, drawing on Supreme Court rulings from 1950 and High Court rulings from 1990, and follows the revision by party or advocate name across 9,102 courts, benches and forums. It researches and tracks the matter but does not file it or give legal advice.