Code of Criminal Procedure, 1973
CrPC Section 397 in BNSS
Calling for records to exercise powers of revision. Section 397 of the Code of Criminal Procedure, 1973 (Calling for records to exercise powers of revision) corresponds to Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Verify before you rely on this. Renumbering under the 2023 codes is not a clean one-to-one exercise — provisions were merged, split and reworded. Always check the printed bare act.
Where this sits in the exam
This provision is examined under CrPC & Bharatiya Nagarik Suraksha Sanhita, worth 10 of the 100 marks in AIBE XXII. The paper permits bare acts but bans notes, so what matters is finding it quickly, not reciting the number.
Questions that turn on this section
Anticipatory bail is granted under:
Answer & explanation
Section 482 BNSS
This is the successor to Section 438 CrPC. It is a direction that in the event of arrest the person shall be released on bail, available where there is reason to believe arrest for a non-bailable offence is imminent.
Anticipatory bail may be granted by:
Answer & explanation
The High Court or the Court of Session
§ 482 BNSS (§ 438 CrPC). The power is not available where the offence falls under the excluded categories.
Sections either side of it
How the neighbouring provisions of the Code of Criminal Procedure, 1973 were renumbered:
| CrPC | Provision | BNSS |
|---|---|---|
| 378 | Appeal in case of acquittal | 419 |
| 386 | Powers of the Appellate Court | 427 |
| 389 | Suspension of sentence pending appeal | 430 |
| 401 | High Court's powers of revision | 442 |
| 406 | Power of Supreme Court to transfer cases and appeals | 447 |
| 407 | Power of High Court to transfer cases and appeals | 448 |
Practise it
Cutoff has AIBE XXII questions on this area, each cited to both codes with a line telling you where to find it in the bare act. Ten questions per subject are free, no account needed.
Practise free Full CrPC→BNSS table