Section 440 of BNSS : Section 440: Sessions Judge's powers of revision.

Explanation using Example

Example 1:

Scenario: Rajesh was convicted by a Magistrate for a minor theft and sentenced to six months in jail. Rajesh believes that the Magistrate made a legal error in his judgment and decides to challenge the conviction.

Application of Section 440:

1. Rajesh files an application for revision before the Sessions Judge.
2. The Sessions Judge calls for the record of the proceedings from the Magistrate's court.
3. The Sessions Judge reviews the case and exercises the powers similar to those of the High Court under Section 442(1), which may include altering the sentence, setting aside the conviction, or ordering a retrial.
4. The Sessions Judge decides that the Magistrate indeed made a legal error and reduces Rajesh's sentence to three months.
5. Rajesh cannot further appeal this decision to the High Court or any other court, as the decision of the Sessions Judge is final under Section 440(3).

Example 2:

Scenario: Priya was acquitted by a Magistrate in a case of alleged fraud. The complainant, Mr. Sharma, believes that the acquittal was unjust and decides to seek a revision of the judgment.

Application of Section 440:

1. Mr. Sharma files an application for revision before the Sessions Judge.
2. The Sessions Judge calls for the record of the proceedings from the Magistrate's court.
3. The Sessions Judge reviews the case and exercises the powers similar to those of the High Court under Section 442(1), which may include ordering a retrial or setting aside the acquittal.
4. The Sessions Judge finds that there were procedural errors in the Magistrate's judgment and orders a retrial.
5. Mr. Sharma cannot further appeal this decision to the High Court or any other court, as the decision of the Sessions Judge is final under Section 440(3).

Example 3:

Scenario: Sunita was fined by a Magistrate for a traffic violation. She believes the fine was excessive and decides to challenge it.

Application of Section 440:

1. Sunita files an application for revision before the Sessions Judge.
2. The Sessions Judge calls for the record of the proceedings from the Magistrate's court.
3. The Sessions Judge reviews the case and exercises the powers similar to those of the High Court under Section 442(1), which may include reducing the fine or setting aside the penalty.
4. The Sessions Judge decides that the fine was indeed excessive and reduces it to a more reasonable amount.
5. Sunita cannot further appeal this decision to the High Court or any other court, as the decision of the Sessions Judge is final under Section 440(3).