CrPC § 439 — High Court’s powers of revision

Statutory text (English)

(1) In the case of any proceeding the record of which
has been called for by itself 3* * * or which otherwise comes to its knowledge, the High Court may,
in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 4*, 423,
426, 427 and 428 or on a Court by section 338, and may enhance the sentence; and, when the
Judges composing the Court of Revision are equally divided in opinion, the case shall be disposed of
in manner provided by section 429.

(2) 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 pleader in his own defence.

(3) Where the sentence dealt with under this section has been passed by a Magistrate 2[* * *]
the Court shall not inflict a greater punishment for the offence which, in the opinion of such Court,
the accused has committed than might have been inflicted for such offence by 5* * * a Magistrate
of the first class.
6[
(4) Nothing in this section shall be deemed to authorise a High Court—
(a) to convert a finding of acquittal into one of conviction; or
(b) to entertain any proceedings in revision with respect to an order made by the Sessions
Judge under section 439A.]

(5) Where under this Code an appeal lies and no appeal is brought, no proceedings by way of
revision shall be entertained at the instance of the party who could have appealed.
7[
(6) Notwithstanding anything contained in this section, any convicted person to whom an
opportunity has been given under sub-section

(2) of showing cause why his sentence should not be
enhanced shall, in showing cause, be entitled also to show cause against his conviction.]

Source and verification

Source citation: CrPC (Act V of 1898) s.439: Pakistan Code portal consolidated official PDF 'THE CODE OF CRIMINAL PROCEDURE' (Act No. V of 1898, last amended 2017-02-16), p. 162, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

The record cites an official source, but its transcription is automated or only partly checked; a human re-check is pending.

Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

1 historical record is linked to this section. Historical wording may be incomplete or pending verification; it is not presented as current law.

• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 162) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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