Section 438 of BNSS : Section 438: Calling for records to exercise powers of revision.

Explanation using Example

Example 1:

Rajesh was convicted by a Magistrate Court in Mumbai for theft and sentenced to six months in prison. Rajesh believes that the Magistrate made a legal error in his judgment. Rajesh's lawyer files an application to the Sessions Judge in Mumbai, requesting a revision of the case. The Sessions Judge calls for the records of the Magistrate Court to examine the correctness and legality of the conviction and sentence. While the Sessions Judge reviews the case, he orders that Rajesh be released on bail. After examining the records, the Sessions Judge finds that there was indeed a legal error and sets aside the conviction, ordering a retrial.

Example 2:

Priya was fined by a Judicial Magistrate in Delhi for a minor traffic violation. She believes that the fine was unjust and decides to challenge it. Priya's lawyer files a revision application to the High Court of Delhi. The High Court calls f...

Login to access all pages and read more content.

To disable ads and read rest of the premium content, subscribe to KanoonGPT Pro.