Section 442 of BNSS : Section 442: High Court's powers of revision.

Explanation using Example

Example 1:

Scenario: Rajesh was acquitted by a lower court in a theft case. The prosecution believes that the acquittal was due to a legal error and wants to challenge the decision.

Application of Section 442:

1. The High Court can review the case if it comes to its knowledge or if the record is called for.
2. The High Court can exercise powers similar to those of an appellate court or a Court of Session.
3. Rajesh will be given an opportunity to be heard either personally or through his advocate.
4. The High Court cannot convert Rajesh's acquittal into a conviction.
5. If the prosecution could have appealed the acquittal but did not, they cannot seek revision.

Outcome: The High Court reviews the case, hears arguments from both sides, and decides whether to uphold the acquittal or order a retrial, but it cannot convict Rajesh directly.

Example 2:

Scenario: Priya was convicted of fraud by a lower court. She did not file an appeal within the stipulated time but later filed a revision application in the High Court, believing that no appeal was possible.

Application of Section 442:

1. The High Court receives Priya's revision application.
2. The High Court realizes that Priya could have filed an appeal but did not do so due to a mistaken belief.
3. The High Court decides that it is in the interest of justice to treat the revision application as an appeal.

Outcome: The High Court treats Priya's revision application as an appeal, allowing her to present her case as if she had filed an appeal initially. The court then reviews the merits of her case and makes a decision accordingly.