REFERENCE AND REVISION
CHAPTER XXXII
436. Reference to High Court
437. Disposal of case according to decision of High Court
438. Calling for records to exercise powers of revision
439. Power to order inquiry
440. Sessions Judge's powers of revision
441. Power of Additional Sessions Judge
442. High Court's powers of revision
443. Power of High Court to withdraw or transfer revision cases
444. Option of Court to hear parties
445. High Court's order to be certified to lower Court
CONTENTS
Based on Chapter XXXII (Reference and Revision) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are 30 dynamic preliminary examination questions covering Sections 436 to 445 with Answers In the End.
Chapter XXXII: Reference and Revision (Sections 436–445)
Q1. Under Section 436(1), when a Court is satisfied that a case involves a question as to the validity of an Act, Ordinance, or Regulation, it shall refer the same to the High Court if:
A) The High Court has already declared it invalid
B) The determination of such validity is necessary for the disposal of the case
C) The Supreme Court has already upheld its validity
D) The District Magistrate requests such a reference
Q2. Which authority is NOT included in the definition of "Regulation" for the purposes of Section 436?
A) Any Regulation as defined in the General Clauses Act, 1897
B) Any Regulation as defined in the General Clauses Act of a State
C) Regulations made by a Municipal Corporation for building by-laws
D) Both A and B are specifically mentioned
Q3. Under Section 436(2), a Court of Session may refer a question of law arising in the hearing of a case to the High Court even if it does not involve the validity of an Act:
A) Only with the consent of the Public Prosecutor
B) If it thinks fit, in any case pending before it
C) Only in cases involving a sentence of death
D) Only if the accused is a public servant
Q4. Pending the decision of the High Court on a reference under Section 436, the Referring Court may:
A) Acquit the accused immediately
B) Commit the accused to jail or release him on bail to appear when called upon
C) Stay the trial for a mandatory period of six months
D) Transfer the case to a different sessions division
Q5. According to Section 437(1), once the High Court passes an order on a reference, the Referring Court must:
A) Refer the matter to the Supreme Court for finality
B) Dispose of the case conformably to the High Court’s order
C) Hold a fresh trial from the beginning
D) Seek instructions from the State Government
Q6. Who has the power to call for and examine the record of any proceeding before an inferior Criminal Court under Section 438(1)?
A) The High Court only
B) The Sessions Judge only
C) Both the High Court and any Sessions Judge
D) The Chief Judicial Magistrate
Q7. For what purpose are records called for under the revisional power of Section 438?
A) To re-appreciate the entire evidence of the case
B) To satisfy the Court as to the correctness, legality, or propriety of any finding, sentence, or order
C) To increase the fine amount in every case
D) To record fresh evidence from witnesses
Q8. When calling for a record under Section 438, the Court may direct that the execution of any sentence be:
A) Cancelled
B) Suspended pending the examination of the record
C) Remitted entirely
D) Doubled if the revision is found to be frivolous
Q9. Under Section 439, who may the Sessions Judge direct to conduct a "further inquiry" into a complaint that has been dismissed under Section 226?
A) The Superintendent of Police
B) The Chief Judicial Magistrate by himself or by any subordinate Magistrate
C) The State Legal Services Authority
D) The District Collector
Q10. (Problem) A Magistrate discharges an accused. The High Court, in revision, wishes to order a further inquiry into the case. Under Section 439, what is a mandatory prerequisite?
A) The High Court must first get permission from the Supreme Court
B) The person discharged must be given an opportunity of showing cause why such direction should not be made
C) The victim must pay the costs of the inquiry
D) The original Magistrate must be suspended
Q11. According to Section 440(3), if an application for revision is made before the Sessions Judge, his decision thereon shall be:
A) Subject to a second revision in the High Court
B) Final and no further proceeding by way of revision shall be entertained by any Court
C) Subject to summary review by the District Magistrate
D) Void if not confirmed by the High Court within thirty days
Q12. An Additional Sessions Judge may exercise the powers of a Sessions Judge under the revision chapter in respect of:
A) Any case in the district automatically
B) Only cases involving offences against the State
C) Any case transferred to him by a general or special order of the Sessions Judge
D) No cases; Additional Sessions Judges have no revisional powers
Q13. Section 442(1) grants the High Court the power to exercise any of the powers conferred on:
A) A Court of Appeal by Sections 427, 430, 431, and 432
B) A Court of Session by Section 344
C) Both A and B
D) Only the Supreme Court
Q14. If the Judges composing the High Court Bench in a revision case are equally divided in opinion, the case shall be decided in the manner provided by:
A) Section 392
B) Section 433
C) Section 407
D) The Chief Justice's personal discretion
Q15. (Situational) 'A' and 'B' are convicted in the same trial. 'A' files a revision in the High Court, while 'B' files a revision in the Sessions Court. Under Section 443, who decides which Court should finally dispose of the applications?
A) The Sessions Judge
B) The High Court
C) The District Magistrate
D) The Supreme Court
Q16. When the High Court decides which Court should hear a dual revision under Section 443, it must have regard to:
A) The general convenience of the parties
B) The importance of the questions involved
C) Both A and B
D) Only the rank of the Trial Magistrate
Q17. Under Section 444, which of the following is true regarding the hearing of parties in a revision?
A) No party has any right to be heard either personally or by advocate before any Court exercising revisional powers
B) The Court has the option to hear any party if it thinks fit
C) No order shall be made to the prejudice of an accused unless he has had an opportunity of being heard
D) All of the above
Q18. According to Section 445, when a case is revised by the High Court, it must certify its order to:
A) The State Government
B) The Court by which the finding, sentence, or order was recorded or passed
C) The Supreme Court
D) The Ministry of Home Affairs
Q19. (Case Law) According to the ruling in Kaushik Chatterjee v. State of Haryana, a proceeding that is void under Section 507 (old S. 461):
A) Can be saved by the High Court's revisional powers under S. 438
B) Cannot be saved by Section 508 (old S. 462)
C) Is automatically valid if done in good faith
D) Requires a certificate from the Governor to be set aside
Q20. Revisional jurisdiction under Section 438, as per the case law of Islamuddin v. State, does NOT typically postulate:
A) Examination of the legality of an order
B) Re-appreciation of evidence
C) Checking the propriety of a finding
D) Suspending a sentence
Q21. (Problem) A person is acquitted of a charge of murder. The State wishes to challenge the acquittal. Is a Revision the correct primary remedy?
A) Yes, under Section 438
B) No, as per Section 442(4) [old S. 401(4)], where an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed
C) Yes, but only if the Sessions Judge approves
D) Revision is only for convictions, not acquittals
Q22. Under Section 439, a "further inquiry" can be ordered into the case of an accused who has been:
A) Convicted
B) Discharged
C) Pardoned
D) Released on probation
Q23. If the High Court Certifies its order to a lower Court under Section 445, the lower Court shall:
A) Ignore the order if it disagrees
B) Make such orders as are conformable to the High Court’s decision
C) File a counter-revision in the Supreme Court
D) Send the record to the District Magistrate for verification
Q24. According to case law note on SEBI v. Classic Credit Ltd., a Revision is considered:
A) A fundamental right of the accused
B) A "procedural facility" available to a party
C) A mandatory stage before an appeal
D) A form of mercy petition
Q25. Which section of BNSS corresponds to the power of the High Court to withdraw or transfer revision cases?
A) Section 438
B) Section 440
C) Section 443
D) Section 445 [56, S. 443]
Q26. (Statement Based) Regarding Section 440:
Statement I: A Sessions Judge can exercise all powers of a High Court in revision.
Statement II: A second revision application to the High Court is permitted if the Sessions Judge dismisses the first one.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both are correct
D) Neither is correct
Q27. The power of the High Court to order additional evidence in a revision proceeding is derived from its powers as a Court of Appeal under:
A) Section 427
B) Section 430
C) Section 432
D) Section 413
Q28. Under Section 438, a Sessions Judge can call for records of an "inferior Criminal Court". Which of the following is considered an inferior Court to the Sessions Judge?
A) High Court
B) Any Court of a Judicial Magistrate in the district
C) The Supreme Court
D) The State Legislature
Q29. The power to order a further inquiry into a "dismissed complaint" under Section 439 applies to complaints dismissed under:
A) Section 226
B) Sub-section (4) of Section 227
C) Both A and B
D) Only Section 173
Q30. In Revision, the High Court is generally prohibited from converting a finding of acquittal into one of conviction (based on the referenced appellate powers in S. 442/427).
A) True
B) False
C) Only if the Sessions Judge allows it
D) Only in non-cognizable cases
Answer Key
Q1. B
Q2. C
Q3. B
Q4. B
Q5. B
Q6. C
Q7. B
Q8. B
Q9. B
Q10. B
Q11. B
Q12. C
Q13. C
Q14. B
Q15. B
Q16. C
Q17. D
Q18. B
Q19. B
Q20. B
Q21. B
Q22. B
Q23. B
Q24. B
Q25. C
Q26. A (Statement II is false per S. 440(3))
Q27. C
Q28. B
Q29. C
Q30. A
Based on Chapter XXXII (Reference and Revision) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are 20 statement-based practice questions.
Chapter XXXII – Statement-Based Practice Questions
Q1.Consider the following statements regarding Section 436 (Reference to High Court):
Statement I: A Court shall refer a case to the High Court if it believes a pending case involves a question as to the validity of an Act or Ordinance, provided it considers the Act to be invalid.
Statement II: A Court of Session possesses the discretionary power to refer any question of law arising in the hearing of a case to the High Court, regardless of whether it involves the validity of an Act.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q2.Regarding the definition of "Regulation" within Section 436:
Statement I: It includes any Regulation as defined in the General Clauses Act, 1897.
Statement II: It excludes Regulations defined in the General Clauses Act of a State to prevent jurisdictional conflicts.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q3. Evaluate these statements concerning the status of an accused during a reference (Section 436):
Statement I: While a reference is pending, the trial must be stayed, and the accused must be released on a personal bond without conditions.
Statement II: The Court making the reference may either commit the accused to jail or release him on bail to appear when called upon.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
[
Q4. Consider the High Court’s powers under Section 437 (Disposal of case according to decision of High Court):
Statement I: The High Court has the statutory authority to direct by whom the costs of a reference shall be paid.
Statement II: Upon receiving the High Court's order, the Referring Court must dispose of the case conformably to said order.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q5. Regarding the purpose of calling for records in Revision (Section 438):
Statement I: Revisional powers are exercised specifically to satisfy the Court as to the correctness, legality, or propriety of any finding, sentence, or order.
Statement II: The power to call for and examine the record of any proceeding before an inferior Criminal Court is vested exclusively in the High Court.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q6. Evaluate these statements regarding the suspension of sentence in Revision (Section 438):
Statement I: When calling for a record, the Court may direct that the execution of any sentence or order be suspended.
Statement II: If the accused is in confinement, the Revisional Court can release them on their own bond or bail bond pending the examination of the record.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q7. Concerning the power to order a "further inquiry" under Section 439:
Statement I: A Sessions Judge can direct the Chief Judicial Magistrate to make a further inquiry into a complaint dismissed under Section 226.
Statement II: A direction for a further inquiry into the case of a discharged person can be made without providing them an opportunity to show cause.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q8.Regarding the powers of an Additional Sessions Judge (Section 441):
Statement I: An Additional Sessions Judge can exercise all the powers of a Sessions Judge under the Reference and Revision chapter.
Statement II: This exercise of power is restricted only to cases transferred to the Additional Sessions Judge by general or special order of the Sessions Judge.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q9. Consider the finality of a Sessions Judge’s decision in Revision (Section 440):
Statement I: If a revision application is made before a Sessions Judge, his decision is final in relation to the person making the application.
Statement II: The High Court is prohibited from entertaining any further proceeding by way of revision at the instance of a person whose application was already decided by the Sessions Judge.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q10.Regarding the hearing of the accused in Revision (Section 442):
Statement I: The High Court has the discretion to exercise the powers of an Appellate Court under Sections 427, 430, 431, and 432 while in Revision.
Statement II: No order in revision shall be made to the prejudice of an accused unless he has had an opportunity of being heard either personally or by advocate.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
[
Q11. Evaluate these statements regarding findings of acquittal in Revision (Section 442):
Statement I: The High Court, when exercising revisional powers, is expressly prohibited from converting a finding of acquittal into one of conviction.
Statement II: Revisional jurisdiction allows the High Court to reverse an order of acquittal and find the accused guilty as per the powers of a Court of Appeal.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q12. Concerning the availability of Revision where an Appeal lies (Section 442):
Statement I: If an appeal is provided for by law but not brought, a party may still file a revision application as a matter of right.
Statement II: No proceeding by way of revision shall be entertained at the instance of a party who had a right to appeal but failed to do so.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q13 Regarding the conversion of a Revision application into an Appeal (Section 442):
Statement I: The High Court may treat an application for revision as a petition of appeal if it is satisfied that the application was made under an erroneous belief that no appeal lies.
Statement II: Such a conversion is only permitted if the High Court considers it necessary in the interests of justice.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q14.Consider dual revisional applications under Section 443:
Statement I: If revision applications are made to both the High Court and a Sessions Judge by different persons convicted at the same trial, the High Court decides which Court will dispose of them.
Statement II: In making such a decision, the High Court shall have regard to the general convenience of the parties and the importance of the questions involved.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q15.Evaluate these statements regarding the right of parties to be heard (Section 444):
Statement I: No party has any right to be heard either personally or by advocate before any Court exercising revisional powers, except as provided in Section 442(2).
Statement II: The Court is strictly prohibited from hearing any party in a revision case to ensure judicial economy and speed.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q16.Regarding the certification of High Court orders (Section 445):
Statement I: When a case is revised by the High Court, it must certify its order to the Court by which the original finding, sentence, or order was recorded.
Statement II: If the original Court is that of a Judicial Magistrate (other than CJM), the certified order is sent directly to that Magistrate without involving the CJM.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q17. Concerning certification in cases involving Executive Magistrates (Section 445):
Statement I: If the original order was passed by an Executive Magistrate, the High Court's certified order is sent through the District Magistrate.
Statement II: The Court receiving the certified order must make orders conformable to the High Court’s decision and amend the record if necessary.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q18. Consider divided opinions in Revision (Section 442):
Statement I: If Judges composing a High Court Bench in Revision are equally divided in opinion, the case is automatically referred to a Bench of three Judges.
Statement II: In a case of divided opinion, the matter must be disposed of in the manner provided by Section 433.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q19.Evaluate these statements regarding "Subordinate Criminal Courts" under Section 438:
Statement I: All Judicial Magistrates are considered subordinate to the Sessions Judge for the purposes of revisional jurisdiction.
Statement II: A Sessions Judge may call for records of any subordinate Court situate within his local jurisdiction.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q20.Regarding the power to order inquiry into dismissed complaints (Section 439):
Statement I: The power to order a further inquiry into a complaint dismissed under Section 226 is restricted only to the High Court.
Statement II: The High Court or Sessions Judge may direct the Chief Judicial Magistrate to conduct such inquiry by himself or through a subordinate Magistrate.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Answer Key
Q1 – C
Q2 – A (Statement II is false; S. 436 specifically includes State Regulations)
Q3 – B (Statement I is false; staying trial is required, but custody/bail is discretionary)
Q4 – C
Q5 – A (Statement II is false; Sessions Judge also has this power)
Q6 – C
Q7 – A (Statement II is false; opportunity to show cause is mandatory)
Q8 – C
Q9 – C
Q10 – C
Q11 – A (Statement II is false; S. 442(3) explicitly forbids this)
Q12 – B (Statement I is false; Revision is barred if appeal lies and isn't brought)
Q13 – C
Q14 – C
Q15 – A (Statement II is false; Court has the option to hear parties)
Q16 – A (Statement II is false; orders must be sent through the CJM)
Q17 – C
Q18 – B (Statement I is false; it refers to S. 433)
Q19 – C
Q20 – B (Statement I is false; Sessions Judge also has this power)
One-Line Revision Reckoner for Chapter XXXII
This "Reference and Revision Master-Sheet" serves as a quick and comprehensive ready reckoner for Chapter XXXII (Sections 436–445) of the BNSS, 2023. This chapter details the mechanisms for superior Courts to ensure the legality and propriety of orders passed by subordinate Courts.
1. Reference to High Court (Sections 436–437)
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The Trigger: A Court must refer a case to the High Court if it believes a pending matter involves a question as to the validity of any Act, Ordinance, or Regulation.
-
Requirement: The Court must consider the provision to be invalid or inoperative and find that such a determination is necessary for the disposal of the case
-
Sessions Court Discretion: A Court of Session may also refer any question of law arising in a case to the High Court even if it does not involve the validity of an Act [ S. 436(2)].
-
Accused Status: Pending the High Court's decision, the Referring Court may commit the accused to jail or release them on bail
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Final Disposal: The Referring Court must dispose of the case conformably to the order passed by the High Court [ S. 437(1)].
2. Revisional Powers (Section 438)
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Authorities: The power to call for and examine records is vested in both the High Court and any Sessions Judge[ S. 438(1)].
-
Purpose: To satisfy the superior Court as to the correctness, legality, or propriety of any finding, sentence, or order, and the regularity of any proceedings [S. 438(1)].
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Stay of Execution: When calling for a record, the Court may direct that the execution of any sentence be suspended and the accused be released on bail/bond [S. 438(1)].
3. Power to Order Inquiry (Section 439)
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Dismissed Complaints: The High Court or Sessions Judge may direct the Chief Judicial Magistrate to conduct a further inquiry into any complaint dismissed under Section 226 or sub-section (4) of Section 227 [S. 439].
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Discharged Accused: An inquiry can also be ordered into the case of any person who has been discharged [S. 439].
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Mandatory Hearing: No direction for inquiry into a discharged person's case shall be made unless they have been given an opportunity to show cause why the direction should not be made [ S. 439 Proviso].
4. Sessions Judge's Revisional Powers (Sections 440–441)
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Scope: The Sessions Judge may exercise all or any of the powers available to the High Court in revision [S. 440(1)].
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Finality Rule: If an application for revision is made before the Sessions Judge, his decision is final for that person, and no second revision shall be entertained by the High Court [S. 440(3)].
-
Additional Sessions Judge: They may exercise the same powers as a Sessions Judge in cases transferred to them by a general or special order [ S. 441].
5. High Court's Revisional Powers and Restrictions (Section 442)
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Appellate Powers: The High Court can exercise any of the powers conferred on a Court of Appeal (Sections 427, 430, 431, and 432) [S. 442(1)].
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Bar on Acquittals: The High Court is expressly prohibited from converting a finding of acquittal into one of conviction in revision [56, S. 442(3)].
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Bar where Appeal Lies: If an appeal is provided for by the Sanhita but the party has not brought it, no proceeding by way of revision shall be entertained at the instance of that party [ S. 442(4)].
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Conversion: If a revision is filed under an erroneous belief that no appeal lies, the High Court may treat the application as a petition of appeal [ S. 442(5)].
6. Dual Applications and Hearing Rights (Sections 443–444)
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Dual Applications (S. 443): If different persons convicted at the same trial apply to both the High Court and the Sessions Judge for revision, the High Court decides which Court will finally dispose of the applications based on party convenience and the importance of the questions involved.
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Right to be Heard (S. 444): No party has a statutory right to be heard personally or by advocate in revision, though the Court has the option to hear them [ S. 444].
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Exception: No order shall be made to the prejudice of an accused unless they have had an opportunity of being heard [ S. 442(2)].
Quick Revision Tip:
"The Bar on Second Revision" Under Section 440(3), if you choose to file a revision in the Sessions Court first, you cannot file a second revision in the High Court if you are unhappy with the result. This encourages careful selection of the revisional forum.