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Practice paper — BNSS Chapter XXXII — Reference And Revision

50 questions · answer key at the end · no time limit

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  1. 1.Under Section 436 of the Bharatiya Nagarik Suraksha Sanhita, when must a court "state a case" and refer it to the High Court?

    • (A) When the court is satisfied the case involves a question as to the validity of an Act, Ordinance or Regulation necessary for disposal and it is of opinion that such provision is invalid or inoperative but has not been so declared by the High Court or Supreme Court.
    • (B) When the accused pleads guilty and requests clarification from the High Court.
    • (C) Whenever any party raises any procedural objection during trial.
    • (D) Only when the Supreme Court has already ruled on the point.

  2. 2.What is the meaning of "Regulation" for the purposes of Section 436 as given in the Explanation?

    • (A) Any municipal by-law or local body rule.
    • (B) Any rule made by an administrative authority without statutory basis.
    • (C) Any Regulation as defined in the General Clauses Act, 1897 or in the General Clauses Act of a State.
    • (D) Only Rules made under a delegated legislation provision in a statute.

  3. 3.If a subordinate court is of the opinion that a statutory provision is invalid, but the High Court to which it is subordinate has already declared that provision invalid, can the subordinate court refer the question under Section 436(1)?

    • (A) Yes, the subordinate court must still refer the question to the High Court.
    • (B) No, sub-section (1) applies only if the provision has not already been so declared invalid by the High Court or the Supreme Court.
    • (C) Yes, but only after obtaining leave from the High Court.
    • (D) Yes, provided the accused is committed to jail pending decision.

  4. 4.Under Section 436(2), may a Court of Session refer a question of law to the High Court in a case where sub-section (1) does not apply?

    • (A) No, only questions of validity under sub-section (1) can be referred.
    • (B) No, only the High Court may initiate such references.
    • (C) Yes, but only with the consent of the accused.
    • (D) Yes, a Court of Session may, if it thinks fit, refer any question of law arising in the hearing of such a case.

  5. 5.Which court specifically is given power under Section 436(2) to refer questions of law (not concerning validity) to the High Court?

    • (A) Court of Session only.
    • (B) Any subordinate Magistrate or Court.
    • (C) The High Court itself.
    • (D) The Supreme Court.

  6. 6.When a question has been referred to the High Court under Section 437, what is the High Court required to do according to the provision?

    • (A) Pass such order thereon as it thinks fit
    • (B) Try the original case afresh and pass final judgment
    • (C) Refer the question to the Supreme Court for decision
    • (D) Dismiss the reference without making any order

  7. 7.After the High Court passes an order on a referred question, which court is required to dispose of the case conformably to that order?

    • (A) The High Court that made the order
    • (B) The Court by which the reference was made
    • (C) The Supreme Court
    • (D) A special tribunal appointed by the High Court

  8. 8.Which of the following statements about costs of a reference under Section 437 is correct?

    • (A) The High Court must always exempt the parties from costs of the reference
    • (B) The Court by which the reference was made alone determines the costs
    • (C) The High Court may direct by whom the costs of such reference shall be paid
    • (D) Costs are automatically borne by the State without direction

  9. 9.What obligation does the High Court have regarding communication of its order once it has decided the referred question?

    • (A) It may send a summary to the parties only
    • (B) It must file the original order in its own records only
    • (C) It may send a copy to the referring court if it thinks fit
    • (D) It shall cause a copy of such order to be sent to the Court by which the reference was made

  10. 10.After receiving the High Court's order on a referred question, what must the court that made the reference do?

    • (A) Dispose of the case conformably to the High Court's order
    • (B) Independently decide the matter and may ignore the High Court's order
    • (C) Return the matter to the High Court for a rehearing
    • (D) Comply only if both parties agree to the High Court's order

  11. 11.Who is empowered under Section 438(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to call for and examine the record of any proceeding before an inferior Criminal Court within its or his local jurisdiction?

    • (A) The District Magistrate of the district
    • (B) The High Court or any Sessions Judge
    • (C) The Chief Justice of India
    • (D) Any Judicial Magistrate

  12. 12.Under Section 438(1), when calling for the record, what may the High Court or Sessions Judge direct regarding execution of any sentence or order?

    • (A) That execution of the sentence or order be suspended and, if the accused is in confinement, that he be released on his own bond or bail bond pending examination of the record.
    • (B) That the sentence be immediately carried out despite the call for records.
    • (C) That the sentence be converted into a fine without examining the record.
    • (D) That the accused be transferred to another prison pending fresh trial.

  13. 13.Can the powers of revision under Section 438(1) be exercised in relation to an interlocutory order passed in an appeal, inquiry, trial or other proceeding?

    • (A) Yes, the powers extend to all orders including interlocutory orders.
    • (B) Yes, but only if the interlocutory order affects liberty.
    • (C) No, the powers of revision shall not be exercised in relation to any interlocutory order.
    • (D) Only with the leave of the High Court may interlocutory orders be revised.

  14. 14.If a person has made an application under Section 438 to the High Court, can the same person thereafter make a further application under the same section to the Sessions Judge?

    • (A) Yes, the person may make multiple applications to different forums.
    • (B) Yes, but only after obtaining permission from the High Court.
    • (C) Yes, if fresh grounds are shown before the Sessions Judge.
    • (D) No, once an application has been made to one, no further application by the same person shall be entertained by the other.

  15. 15.Does the Sessions Judge's power under Section 438(1) to call for and examine records extend to proceedings before a Magistrate exercising appellate jurisdiction?

    • (A) No, proceedings before a Magistrate in appellate jurisdiction are excluded from Section 438(1).
    • (B) Yes, because the Explanation deems all Magistrates, whether exercising original or appellate jurisdiction, to be inferior to the Sessions Judge for the purposes of this sub-section.
    • (C) Only if the appellate Magistrate's order involves a sentence of imprisonment.
    • (D) Only with prior sanction from the High Court.

  16. 16.Under Section 439 of the Bharatiya Nagarik Suraksha Sanhita, who may, on examining any record, direct an inquiry?

    • (A) The High Court or the Sessions Judge
    • (B) The Chief Judicial Magistrate only
    • (C) Any Magistrate subordinate to the Chief Judicial Magistrate without direction
    • (D) The Supreme Court

  17. 17.Section 439 authorizes further inquiry into which of the following matters?

    • (A) A person convicted and sentenced
    • (B) Only complaints pending trial
    • (C) A complaint dismissed under section 226 or sub‑section (4) of section 227, or the case of a person accused who has been discharged
    • (D) Only cases relating to bail under section 438

  18. 18.If the High Court directs an inquiry under Section 439, whom does it direct to make the inquiry?

    • (A) Directly instruct any subordinate Magistrate to conduct the inquiry
    • (B) The Chief Judicial Magistrate, who may make it himself or through a subordinate Magistrate
    • (C) Only the Sessions Judge can be so directed
    • (D) The Supreme Court must be notified to appoint an inquiry magistrate

  19. 19.Before a court makes a direction under Section 439 for inquiry into the case of a person who has been discharged, Section 439 requires:

    • (A) Consent of the public prosecutor
    • (B) Prior approval of the Sessions Judge
    • (C) That the person has previously been convicted
    • (D) That the person has had an opportunity of showing cause why such direction should not be made

  20. 20.Does the proviso to Section 439 (opportunity to show cause) apply to inquiries into complaints dismissed under section 226 or sub‑section (4) of section 227?

    • (A) Yes, the proviso requires opportunity to show cause in all inquiries under Section 439
    • (B) No, the proviso specifically applies only to inquiries into the cases of persons who have been discharged
    • (C) Yes, but only if the complaint was dismissed under section 226
    • (D) No, there is no proviso in Section 439

  21. 21.Who may exercise the powers of revision under Section 440 when the record of a proceeding has been called for by himself?

    • (A) The Sessions Judge
    • (B) The High Court
    • (C) A Magistrate
    • (D) The Supreme Court

  22. 22.Under Section 440(1), the Sessions Judge may exercise powers which the High Court may exercise under which specific provision?

    • (A) Sub-section (1) of section 443
    • (B) Sub-section (2) of section 442
    • (C) Sub-section (1) of section 442
    • (D) Section 440 itself

  23. 23.If a proceeding by way of revision is commenced before a Sessions Judge under Section 440(1), which sub-sections of section 442 are declared to apply (so far as may be)?

    • (A) Only sub-sections (2) and (3) of section 442
    • (B) Sub-sections (2), (3), (4) and (5) of section 442
    • (C) Only sub-section (1) of section 442
    • (D) Sub-sections (3), (4) and (5) of section 442

  24. 24.If an application for revision is made by a person before the Sessions Judge and the Sessions Judge decides on it, can that same person thereafter seek revision of the same matter before the High Court?

    • (A) Yes — the High Court can always entertain further revision by that person
    • (B) Yes — but only with special leave of the High Court
    • (C) No — the decision of the Sessions Judge is final and no further proceeding by way of revision at the instance of such person shall be entertained
    • (D) Only the Supreme Court can entertain further revision by that person

  25. 25.Section 440(3) bars "further proceeding by way of revision at the instance of such person." Which consequence follows from this wording, based on the provision alone?

    • (A) No Court, including the High Court, can ever revise the matter again under any circumstances
    • (B) The High Court may still entertain a revision, but only if the Sessions Judge allows it
    • (C) The High Court or another court may still initiate or entertain a revision so long as it is not at the instance of the same person
    • (D) Thereafter revision lies only to the Supreme Court

  26. 26.Under Section 441, what powers does an Additional Sessions Judge possess?

    • (A) All the powers of a Sessions Judge under this Chapter in respect of cases transferred to him by the Sessions Judge
    • (B) Only administrative powers over court staff and registry matters
    • (C) Only appellate powers to hear appeals from subordinate courts
    • (D) Only powers to conduct preliminary inquiries but not to pass substantive orders

  27. 27.When may an Additional Sessions Judge exercise the powers of a Sessions Judge according to Section 441?

    • (A) Whenever the High Court specifically directs the Additional Sessions Judge to act
    • (B) Only in respect of any case transferred to him by or under any general or special order of the Sessions Judge
    • (C) When the accused gives written consent to the Additional Sessions Judge
    • (D) Whenever the Sessions Judge is on leave, without any order

  28. 28.Can an Additional Sessions Judge, under Section 441, exercise those powers in a case that was not transferred to him by the Sessions Judge?

    • (A) Yes — the Additional Sessions Judge can exercise the powers in any criminal matter assigned to him
    • (B) Yes — but only if the public prosecutor requests it
    • (C) No — the powers apply only in respect of cases transferred to him by or under the Sessions Judge's general or special order
    • (D) No — except for administrative directions from the Sessions Judge

  29. 29.Do the powers conferred on an Additional Sessions Judge by Section 441 extend to powers of a Sessions Judge that lie outside 'this Chapter'?

    • (A) Yes — the Additional Sessions Judge inherits all powers of a Sessions Judge in every respect
    • (B) Yes — but only after obtaining the Sessions Judge's written permission
    • (C) Yes — but only for cases originating in subordinate courts
    • (D) No — the Additional Sessions Judge may exercise only the powers of a Sessions Judge "under this Chapter" in respect of transferred cases

  30. 30.If the High Court directly transfers a case to an Additional Sessions Judge, can the Additional Sessions Judge rely on Section 441 to exercise all powers of a Sessions Judge?

    • (A) No — Section 441 limits exercise of powers to cases transferred by or under orders of the Sessions Judge
    • (B) Yes — any transfer to the Additional Sessions Judge enables him to exercise all powers
    • (C) Yes — but only after the Sessions Judge ratifies the High Court's transfer
    • (D) No — unless the High Court states that the transfer is made under the Sessions Judge's general order

  31. 31.Under Section 442 of the Bharatiya Nagarik Suraksha Sanhita, when the High Court calls for the record or it comes to its knowledge, which powers may the High Court exercise?

    • (A) Any of the powers conferred on a Court of Appeal by sections 427, 430, 431 and 432 or on a Court of Session by section 344.
    • (B) Only the High Court's writ and supervisory powers under constitutional jurisdiction.
    • (C) Only the powers conferred on a Court of Session by section 344, not those of a Court of Appeal.
    • (D) Power to convert an acquittal into a conviction if it disagrees with the trial court.

  32. 32.Can the High Court convert a finding of acquittal into one of conviction under Section 442?

    • (A) Yes, whenever it considers the acquittal to be perverse.
    • (B) Yes, but only after obtaining reports from the trial court.
    • (C) No, Section 442(3) expressly prohibits converting an acquittal into a conviction.
    • (D) Yes, if all Judges hearing the revision are equally divided in opinion.

  33. 33.If an appeal lies under the Sanhita but no appeal is brought, can the party who could have appealed subsequently seek revision under Section 442?

    • (A) Yes, the party can always seek revision instead of appeal.
    • (B) No, where an appeal lies and no appeal is brought, no revision shall be entertained at the instance of that party.
    • (C) Only if the High Court grants special leave to file a revision petition.
    • (D) Yes, but only within 30 days of the final order.

  34. 34.May the High Court make an order under Section 442 to the prejudice of the accused if the accused had no opportunity to be heard?

    • (A) Yes, if the High Court considers it necessary in the interests of justice.
    • (B) Yes, provided the accused was represented by counsel at the trial.
    • (C) No, except when the trial court certifies the accused was afforded an opportunity.
    • (D) No — such an order shall not be made to the prejudice of the accused unless he has had an opportunity of being heard personally or by an advocate.

  35. 35.Where an appeal lies but an application for revision has been made under the erroneous belief that no appeal lies, what power does Section 442(5) give the High Court?

    • (A) The High Court may, if satisfied the application was made under that erroneous belief and it is necessary in the interests of justice, treat the application for revision as a petition of appeal and deal with it accordingly.
    • (B) The High Court must dismiss the application as incompetent because an appeal remedy exists.
    • (C) The High Court may convert the revision application into a conviction without hearing the parties further.
    • (D) The High Court may entertain the revision only if both parties expressly consent to waive the right of appeal.

  36. 36.What power does Section 443 of the Bharatiya Nagarik Suraksha Sanhita, 2023 confer on the High Court?

    • (A) Power to withdraw or transfer applications for revision between the High Court and the Sessions Judge
    • (B) Power to convert revisions into appeals
    • (C) Power to try criminal offences originally triable by Sessions Judge
    • (D) Power to grant interim bail in revision proceedings

  37. 37.When an application for revision is transferred to the High Court under Section 443, how must the High Court treat that application?

    • (A) Return it to the Sessions Judge for fresh scrutiny
    • (B) Deal with it as if it were an application duly made before itself
    • (C) Treat it as an appeal rather than a revision
    • (D) Refer it to another High Court bench for decision

  38. 38.If some persons convicted at the same trial apply for revision to the High Court and others apply to the Sessions Judge, on what basis must the High Court decide which Court should finally dispose of the applications?

    • (A) Having regard to the general convenience of the parties and the importance of the questions involved
    • (B) Based on the number of applicants preferring each forum
    • (C) According to the severity of the sentence imposed on each convicted person
    • (D) By assigning cases alternately between the two Courts

  39. 39.Where an application for revision has been transferred by the High Court to the Sessions Judge and that Judge disposes of it, can the applicant thereafter file another application for revision to the High Court or any other Court?

    • (A) Yes, the applicant can file again to the High Court
    • (B) No, no further application for revision shall lie to the High Court or any other Court by that person
    • (C) Yes, but only with the Sessions Judge's certification
    • (D) Yes, but only to the Supreme Court

  40. 40.If the High Court directs that an application for revision be transferred to the Sessions Judge but the Sessions Judge has not yet disposed of it, can the applicant meanwhile file a fresh revision application to the High Court?

    • (A) No, the moment the High Court directs transfer the applicant is precluded from filing again to the High Court
    • (B) Yes, the bar on further applications to the High Court or any other Court arises only after the Sessions Judge has disposed of the transferred application
    • (C) Yes, but only if the Sessions Judge refuses to hear the matter within 30 days
    • (D) No, the applicant must first seek leave of the Sessions Judge to approach the High Court

  41. 41.What does Section 444 state regarding a party's right to be heard before a Court exercising its powers of revision?

    • (A) A party has an absolute right to be heard personally before such a Court.
    • (B) No party has any right to be heard either personally or by an advocate before such a Court.
    • (C) A party has a right to be heard only through an advocate before such a Court.
    • (D) A party has a right to be heard only if the Court records reasons for hearing.

  42. 42.According to Section 444, what power does the Court have when exercising powers of revision?

    • (A) The Court may, if it thinks fit, hear any party either personally or by an advocate.
    • (B) The Court must hear every party as a matter of right.
    • (C) The Court may hear only through written submissions and not orally.
    • (D) The Court can hear parties only if a statute outside this Sanhita requires it.

  43. 43.How does the opening phrase 'Save as otherwise expressly provided by this Sanhita' affect a different provision that expressly grants a right to be heard in revision proceedings?

    • (A) The general rule in Section 444 would still negate any express grant elsewhere.
    • (B) An express grant elsewhere would be invalid unless approved by the Court in each case.
    • (C) An express provision elsewhere in this Sanhita can create a right to be heard despite Section 444's general rule.
    • (D) Only provisions outside this Sanhita can override Section 444.

  44. 44.Does Section 444 impose any obligation on the Court to give reasons when it chooses to hear a party in revision proceedings?

    • (A) Yes — the Court must record detailed reasons whenever it hears a party.
    • (B) Yes — the Court must give reasons only if the party is heard personally.
    • (C) Yes — the Court must give reasons only when an advocate appears.
    • (D) No — Section 444 simply makes hearing discretionary and does not require reasons.

  45. 45.If a party requests to be represented at a revision hearing by a non-advocate (for example, a lay representative), what does Section 444 itself indicate about that request?

    • (A) Section 444 allows representation by any person chosen by the party as of right.
    • (B) Section 444 permits only written representation and excludes oral representation by anyone.
    • (C) Section 444 contemplates hearing 'either personally or by an advocate,' so it does not confer a right to be heard through a non-advocate representative.
    • (D) Section 444 requires the Court to accept non-advocate representation if the Court thinks fit.

  46. 46.Under Section 445 of the Bharatiya Nagarik Suraksha Sanhita, 2023, who is required to certify the decision or order when a case is revised under this Chapter?

    • (A) The High Court or a Sessions Judge who revised the case
    • (B) Only the High Court
    • (C) Only the Sessions Judge
    • (D) The trial Court where the original order was passed

  47. 47.To which court must the decision or order be certified under Section 445?

    • (A) Any court chosen by the revising authority
    • (B) The Court by which the finding, sentence or order revised was recorded or passed
    • (C) The Supreme Court
    • (D) A court designated by the State Government

  48. 48.When making the certification under Section 445, in what manner must the High Court or Sessions Judge act?

    • (A) In the manner provided by a provincial rules committee
    • (B) In the manner provided by the revising court's discretion
    • (C) In the manner provided by section 429
    • (D) In the manner prescribed by the trial court

  49. 49.After the Court to which the decision or order is certified receives it, what is that Court required to do under Section 445?

    • (A) Refer the matter back to the revising court for further directions
    • (B) Initiate a fresh trial
    • (C) Stay the earlier order until appeal is heard
    • (D) Make such orders as are conformable to the decision so certified

  50. 50.Does Section 445 make amendment of the record automatic after certification, and if so under what condition?

    • (A) Yes — the record must always be amended without condition
    • (B) No — the record shall be amended only if necessary
    • (C) Yes — but only with the permission of the revising court
    • (D) No — the record is never to be amended after certification

Answer key

1. A2. C3. B4. D5. A6. A7. B8. C9. D10. A11. B12. A13. C14. D15. B16. A17. C18. B19. D20. B21. A22. C23. B24. C25. C26. A27. B28. C29. D30. A31. A32. C33. B34. D35. A36. A37. B38. A39. B40. B41. B42. A43. C44. D45. C46. A47. B48. C49. D50. B

Explanations

  1. 1. (A) Sub-section (1) requires a court to state a case and refer it when it is satisfied the case involves a question as to the validity of an Act, Ordinance or Regulation necessary for disposal and the court is of opinion the provision is invalid or inoperative, but it has not been so declared by the subordinate High Court or the Supreme Court.
  2. 2. (C) The Explanation to Section 436 expressly states that "Regulation" means any Regulation as defined in the General Clauses Act, 1897 (10 of 1897), or in the General Clauses Act of a State.
  3. 3. (B) Sub-section (1) applies when the court is of opinion the provision is invalid "but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court"; if the High Court has already declared it invalid, sub-section (1) does not require a further reference.
  4. 4. (D) Sub-section (2) expressly provides that a Court of Session may, if it thinks fit in any case pending before it to which sub-section (1) does not apply, refer for the decision of the High Court any question of law arising in the hearing of such case.
  5. 5. (A) Section 436(2) specifically grants this referral power to a Court of Session, stating that a Court of Session may refer any question of law arising in the hearing of a case to the High Court where sub-section (1) does not apply.
  6. 6. (A) Section 437(1) states that "the High Court shall pass such order thereon as it thinks fit." The provision requires the High Court to pass an appropriate order on the referred question.
  7. 7. (B) Section 437(1) requires that the High Court "shall cause a copy of such order to be sent to the Court by which the reference was made, which shall dispose of the case conformably to the said order." The referring court must therefore dispose of the case in accordance with the High Court's order.
  8. 8. (C) Section 437(2) expressly provides that "The High Court may direct by whom the costs of such reference shall be paid." Thus it is within the High Court's power to direct who bears the costs.
  9. 9. (D) Section 437(1) states that the High Court "shall cause a copy of such order to be sent to the Court by which the reference was made." The provision imposes a duty on the High Court to send the copy to the referring court.
  10. 10. (A) Section 437(1) provides that the referring court "shall dispose of the case conformably to the said order." Therefore the referring court is required to dispose of the case in accordance with the High Court's order and cannot ignore it.
  11. 11. (B) Section 438(1) explicitly states that "The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction." Therefore the power is vested in the High Court or any Sessions Judge.
  12. 12. (A) Section 438(1) provides that when calling for such record the court "may direct that the execution of any sentence or order be suspended, and if the accused is in confinement that he be released on his own bond or bail bond pending the examination of the record."
  13. 13. (C) Section 438(2) expressly states that "The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding." Hence interlocutory orders are excluded.
  14. 14. (D) Section 438(3) provides that if an application has been made by any person either to the High Court or to the Sessions Judge, "no further application by the same person shall be entertained by the other of them." Therefore a second application to the other forum is barred.
  15. 15. (B) The Explanation to Section 438 states that "All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section..." Thus the Sessions Judge's power extends to proceedings before Magistrates exercising appellate jurisdiction.
  16. 16. (A) The provision begins: 'On examining any record under section 438 or otherwise, the High Court or the Sessions Judge may direct...' which shows that the High Court or the Sessions Judge have the power to direct an inquiry. The text does not grant that power to the Supreme Court or subordinate Magistrates independently.
  17. 17. (C) The provision expressly permits further inquiry 'into any complaint which has been dismissed under section 226 or sub-section (4) of section 227, or into the case of any person accused of an offence who has been discharged.' It does not refer to convicted persons or limit itself to bail matters alone.
  18. 18. (B) The provision states the High Court or Sessions Judge 'may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make' the further inquiry, and also that the Chief Judicial Magistrate 'may himself make or direct any subordinate Magistrate to make' the inquiry. Thus the direction is to the Chief Judicial Magistrate, who may act personally or through subordinates.
  19. 19. (D) The proviso to Section 439 provides that 'no Court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made.' Thus the safeguard required is an opportunity to show cause.
  20. 20. (B) The proviso is limited in language: it prevents making a direction 'for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause.' It does not state the same requirement for complaints dismissed under section 226 or sub-section (4) of section 227.
  21. 21. (A) Section 440(1) explicitly provides that when the record of a proceeding has been called for by himself, the Sessions Judge may exercise all or any of the powers which may be exercised by the High Court under sub-section (1) of section 442. Thus the Sessions Judge is the competent authority in that situation.
  22. 22. (C) Section 440(1) expressly refers to the powers which may be exercised by the High Court under sub-section (1) of section 442. Therefore the correct reference is sub-section (1) of section 442.
  23. 23. (B) Section 440(2) states that where a revision is commenced before a Sessions Judge under sub-section (1), the provisions of sub-sections (2), (3), (4) and (5) of section 442 shall, so far as may be, apply to such proceeding. Hence all four numbered sub-sections (2)-(5) are made applicable.
  24. 24. (C) Section 440(3) provides that where any application for revision is made by or on behalf of any person before the Sessions Judge, the decision of the Sessions Judge thereon in relation to such person shall be final and no further proceeding by way of revision at the instance of such person shall be entertained by the High Court or any other Court. Thus the same person cannot seek further revision.
  25. 25. (C) Section 440(3) limits the bar to "at the instance of such person," meaning the prohibition applies to revision proceedings initiated by that same person. The text does not bar the High Court or another court from initiating or entertaining revision proceedings that are not at the instance of that person.
  26. 26. (A) Section 441 states that an Additional Sessions Judge "shall have and may exercise all the powers of a Sessions Judge under this Chapter" in respect of transferred cases. Therefore the Additional Sessions Judge is vested with the full powers of a Sessions Judge under this Chapter for such cases.
  27. 27. (B) Section 441 specifies that the powers are exercisable "in respect of any case which may be transferred to him by or under any general or special order of the Sessions Judge." Thus the power is tied to cases transferred by or under the Sessions Judge's order.
  28. 28. (C) The provision limits the exercise of powers to "any case which may be transferred to him by or under any general or special order of the Sessions Judge." Therefore cases not so transferred are outside the scope of Section 441.
  29. 29. (D) Section 441 expressly limits the grant: an Additional Sessions Judge "shall have and may exercise all the powers of a Sessions Judge under this Chapter." Thus the powers are confined to those within this Chapter, not beyond it.
  30. 30. (A) Section 441 ties the power to cases "transferred to him by or under any general or special order of the Sessions Judge." It does not provisionally authorize exercise of powers where transfer is effected directly by another authority such as the High Court.
  31. 31. (A) Section 442(1) expressly empowers the High Court, in its discretion when the record is called for or comes to its knowledge, to exercise any of the powers conferred on a Court of Appeal by sections 427, 430, 431 and 432 or on a Court of Session by section 344. The provision does not mention constitutional writ powers or conversion of acquittals.
  32. 32. (C) Section 442(3) plainly states that nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one of conviction. Therefore such a conversion is not permitted under this provision.
  33. 33. (B) Section 442(4) provides that 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. Thus such a party cannot replace an appeal by revision.
  34. 34. (D) Section 442(2) stipulates that no order under this section shall be made to the prejudice of the accused unless he has had an opportunity of being heard either personally or by advocate. Therefore an order prejudicing the accused cannot be made if he had no opportunity to be heard.
  35. 35. (A) Section 442(5) authorises the High Court, where an appeal lies but an application for revision was made under the erroneous belief that no appeal lies and the Court is satisfied it is necessary in the interests of justice, to treat the application for revision as a petition of appeal and deal with it accordingly. It is a discretionary power, not a mandatory dismissal.
  36. 36. (A) Section 443 deals with the High Court's power to decide which of the two Courts should finally dispose of revision applications and to direct transfer of applications between the High Court and the Sessions Judge (see sub-s. (1)).
  37. 37. (B) Subsection (2) states that whenever any application for revision is transferred to the High Court, that Court shall deal with the same as if it were an application duly made before itself.
  38. 38. (A) Subsection (1) expressly directs the High Court to decide, "having regard to the general convenience of the parties and the importance of the questions involved," which Court should finally dispose of the revision applications.
  39. 39. (B) Subsection (4) provides that where an application for revision is transferred by the High Court to the Sessions Judge, no further application for revision shall lie to the High Court or to any other Court at the instance of the person(s) whose applications have been disposed of by the Sessions Judge.
  40. 40. (B) Subsection (4) bars further applications to the High Court or any other Court only where the applications "have been disposed of by the Sessions Judge." Thus the prohibition applies after disposal by the Sessions Judge, not merely on transfer.
  41. 41. (B) Section 444 says, 'no party has any right to be heard either personally or by an advocate before any Court exercising its powers of revision.' Thus, as a general rule there is no right to be heard in revision matters under this Sanhita.
  42. 42. (A) The provision expressly states that the Court 'may, if it thinks fit, when exercising such powers, hear any party either personally or by an advocate.' This makes hearing discretionary, not mandatory.
  43. 43. (C) The phrase 'Save as otherwise expressly provided by this Sanhita' means Section 444's bar on any right to be heard is subject to express contrary provisions within the same Sanhita. Therefore an express provision elsewhere can confer a right.
  44. 44. (D) Section 444 states the Court 'may, if it thinks fit, ... hear any party' but does not impose any requirement to record reasons for that decision. The provision makes hearing discretionary and contains no obligation about reasons.
  45. 45. (C) The section specifies hearing may be 'either personally or by an advocate.' It therefore removes any statutory right to be heard by other kinds of representatives and does not itself provide for non-advocate representation.
  46. 46. (A) The provision states that when a case is revised by the High Court or a Sessions Judge, "it or he shall... certify its decision or order." Thus certification is required by the High Court or the Sessions Judge who revised the case.
  47. 47. (B) Section 445 requires certification "to the Court by which the finding, sentence or order revised was recorded or passed." Therefore the certification must be sent to the court that recorded or passed the original finding, sentence or order.
  48. 48. (C) The provision specifically requires certification to be made "in the manner provided by section 429." Thus the manner prescribed in section 429 governs the certification process.
  49. 49. (D) Section 445 states that "the Court to which the decision or order is so certified shall thereupon make such orders as are conformable to the decision so certified." Therefore the receiving court must make orders conformable to the certified decision.
  50. 50. (B) The provision provides that "if necessary, the record shall be amended in accordance therewith." This means amendment is not automatic but must occur when it is necessary.

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