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...

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