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 for the records of the Judicial Magistrate to verify the propriety of the order. During this period, the High Court suspends the execution of the fine. After reviewing the records, the High Court concludes that the fine was imposed correctly and upholds the Magistrate's order.

Example 3:

Sunil was involved in a property dispute case and the Magistrate Court issued an interlocutory order during the trial, directing Sunil to maintain the status quo on the property. Sunil is unhappy with this order and wants to challenge it. However, since the order is interlocutory (temporary and not final), the Sessions Judge or High Court cannot exercise their revision powers over this order as per sub-section (2) of Section 438. Sunil will have to wait for a final order to seek a revision.

Example 4:

Anita was convicted by a Magistrate Court in Bangalore for fraud and sentenced to one year in prison. She files a revision application to the Sessions Judge in Bangalore. The Sessions Judge calls for the records and suspends the execution of the sentence, releasing Anita on bail. Meanwhile, Anita's friend, unaware of the ongoing revision, files a similar application to the High Court of Karnataka. The High Court, upon learning that a revision application is already pending before the Sessions Judge, dismisses the new application as per sub-section (3) of Section 438.