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Procedure For Filing A Revision

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Procedure For Filing A Revision

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PROCEDURE FOR FILING A

REVISION
Procedure for filing a revision

What is the purpose of Criminal Revision?


Criminal revision is the process of evaluation of an order which is passed by the lower
court, by the High Court or the Sessions Court. The purpose of the criminal revision is to
examine the correctness, legality, propriety, and regularity of a judgment passed by a lower
court. The revision also keeps the lower court within the bounds of their authority and
makes them work according to the defined principles of law.

What is the difference between Appeal and Revision?


The differences between Appeal and Revision are stated below:

1. An appeal is a legal proceeding in which a Higher Court re-examines the judgment or


final order passed by a lower court in a case for reversing or modifying the decision
of an inferior court on the grounds of error. Revision is the act of examining orders
passed by the lower court to remove any defect or grant relief against irregular or
improper exercise or non-exercise of jurisdiction by a lower court.

2. All higher courts can exercise appellate jurisdiction. Revision power is available only
to the High Court and Sessions Court.

3. An appeal can arise on the question of law and facts. Revision is confined only to the
question of law.

4. An appeal is required to be filed by the party to the proceeding. Revision can be


exercised suo moto (on its own motion) by the High Court.

5. Where there is a provision of appeal, a person can use this remedy as a matter of
right, while revision is a remedy based solely on the discretion of the court.

When can an application for Revision be filed?


An application for revision can be filed when the following conditions are fulfilled:

1. There should be a criminal case for which an order has been passed;

2. The order should have been passed by a court which is subordinate to the court
having revisional jurisdiction;

3. Such an order must not be appealable [Section 401(4)];

4. The grounds for revision must be established, such as:

a. Proceedings in the court were not regular.

b. Proceedings of the court were not legally appropriate.

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Procedure for filing a revision

c. Proceedings in the court were proper as per the facts and circumstances of
the matter.

d. There is a question on the correctness of the proceedings before a lower


court.

e. Court has exceeded its authority.

f. Court has failed to use its authority.

If these conditions are satisfied, then the higher court can exercise its revisional jurisdiction
on the subordinate court’s decision.

What kind of procedural defects can be treated as grounds


for filing a Revision?
Some of the grounds on which a revision can be filed are mentioned below:

1. Where the decision passed by the subordinate court is erroneous;

2. Where there is a lack of compliance with the provisions of law by the subordinate
court;

3. Where the material evidence of any party has not been considered;

4. Where there is an improper exercise of judicial power.

What are the cases in which Revision cannot be filed?


Revisional jurisdiction of a court is wide, but they have also been circumscribed with certain
limitations. An application for Revision cannot be filed in the following cases:

1. In cases where an appeal lies but no appeal has been preferred, no proceeding by
way of revision can be entertained at the instance of any party;

2. Revision cannot be made in case of any interlocutory order passed in an appeal,


inquiry trial or other proceedings;

3. Where any person has made a revision application to a Session Court, no further
revision application by the same person shall be entertained by the High Court;

4. Revision cannot be filed for converting the order of acquittal into conviction.

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Procedure for filing a revision

In which Court can a Revision be filed?


Section 397 of the CrPC states that the High Court or any Sessions Court, which has
jurisdiction may call for and examine the record of any proceeding of any subordinate
criminal Court which is situated within its jurisdiction.

All Magistrates whether Executive or Judicial, and whether exercising original or appellate
jurisdiction, shall be deemed to be inferior to the Sessions Court.

The aggrieved person has the liberty to file a revision before the High Court or the Sessions
Court from any order passed by the subordinate court. But the court exercising revisional
powers must have revisional jurisdiction. Thus, it is not imperative that the Sessions court
should be approached first before filing a revision in the High Court. The only bar, in this
case, is that the subordinate court must be situated in the jurisdiction of the High Court or
Sessions Court exercising its revisional powers.

However, where a revision lies against the order passed by the Sessions court, then revision
can only be filed in the High Court having jurisdiction.

Further, if the Sessions Court dismisses any revision, then revision application by the same
person cannot be entertained in the High Court again.

Who can file a Revision? What are the points to remember


while filing a Revision application?
An aggrieved party can file an application for revision under section 397(1) of Code of
Criminal Procedure, 1973 before any High Court or Court of Session.

Such an aggrieved party can be either one of the following:

1. Accused person;
2. Complainant.

There is no set format for filing a criminal revision. The application must state the facts of
the case and the grounds for filing a revision and a prayer should be made for calling the
records of the subordinate court and staying the order of the subordinate court till the
pendency of revisional application proceedings. The order or the judgment of the lower
court from which revision is preferred must be annexed with the revision application.

A copy of the revision application along with the copy of the order of the lower court from
which revision is being preferred must also be sent to the opposite party by speed post
along with acknowledgement due.

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Procedure for filing a revision

What is the limitation period for filing a Revision


Application?
The limitation period for filing a revision application is 90 days from the date of the
impugned order passed by the subordinate court.

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