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Code of Criminal Procedure, 1973

CrPC Section 397 in BNSS

§ 397 CrPC→§ 438 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.

Where to find it: BNSS, Chapter XXXV

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.

Where to find it: Chapter XXXV — Bail and Bonds

Sections either side of it

How the neighbouring provisions of the Code of Criminal Procedure, 1973 were renumbered:

CrPCProvisionBNSS
378Appeal in case of acquittal419
386Powers of the Appellate Court427
389Suspension of sentence pending appeal430
401High Court's powers of revision442
406Power of Supreme Court to transfer cases and appeals447
407Power of High Court to transfer cases and appeals448

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