CRPC §397BNSS §438

Calling for records to exercise powers of revision

Substantively sameConfidence: mediumStatus: cross checked
Last updated 2026-05-01 · Input coverage: full

Compiled by AI-assisted tools. Verify current status against official sources. Last updated: 2026-04-28.

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Comparison

Old law
CRPC §397
Calling for records to exercise powers of revision

397. Calling for records to exercise powers of revision.—(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself; to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling, for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement that he be released on bail or on his own bond pending the examination of the record. Explanation.—All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section and of section 398.

(2) The powers of revision conferred by sub-section

(1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.

(3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.

New law
BNSS §438
Calling for records to exercise powers of revision.

438.

(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling, for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement that he be released on his own bond or bail bond pending the examination of the record. Explanation.—All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section and of section 439.

(2) The powers of revision conferred by sub-section

(1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.

(3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.

What changedAI-inferred

Calling for records to exercise powers of revision.

Old position

CrPC 397 is concerned with Calling for records to exercise powers of revision. Calling for records to exercise powers of revision

New position

BNSS 438 preserves the framework with drafting modernisations as required by the new code. Topic: Calling for records to exercise powers of revision.. The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the

BNSS 438 (Calling for records to exercise powers of revision.) preserves the framework of CrPC 397. BNSS 438 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 438 text: The High Court or any...

Editorial deltaAI-indicated (source-linked)

BNSS 438 (Calling for records to exercise powers of revision.) preserves the framework of CrPC 397. BNSS 438 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.

BNSS 438 text: The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed,...

Transitional note (repeal & savings)

For matters initiated before 1 July 2024, CrPC 397 continues to apply. For matters from that date forward, BNSS 438 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.

Frequently asked

BNSS 438 (Calling for records to exercise powers of revision.). The relationship is classified as substantively_same — see the change-note above for the textual delta.

Sources

Cite this page

Newlaws.in, CRPC §397 → BNSS §438 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/crpc/397.

Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01

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