Section 397-405 of CRPC deals with the Revision.
The word revision is not defined anywhere under crpc. But Revision is an act of revising any findings, sentence, or order of a lower court by the Revision Court to check, the order/findings and sentence correct or not, the legality of order or findings or sentences.
The power of the Revision Court is very limited. It cannot reverse the order of the lower court. Revision Petition lies only in the cases of non-appealable orders.
Revision Judgement can only be exercised in a criminal proceeding (trials, inquiry, investigation by police & Magistrate, inquest).
Every Judgment is appealable order, Every order is not appealable.
Any court can be appellant court but only sessions courts and High-Courts are Revision Court. Revision can also be taken suo-moto.
Section 397 and Section 401, crpc empowers court of session and High-Court to exercise the revisional jurisdiction in criminal cases.
Conditions/Requirements- To exercise Revisional Jurisdiction by the court of Sessions and High-Court –
- There must be a proceeding before a criminal court(it may be trial, inquiry or any other proceedings).
- The court must be an inferior court i.e, subordinate to the revisional court.
- The revision must be either on application or Suo-Moto before the High-Court.
- The inferior court must be situated within the local limits of the jurisdiction of the Revision Court.
- The Revision Court must have called for the record of the Lower Court to place it before for the following purposes- a) To satisfy itself with the findings/sentence/order of the inferior court. b) To check the correctness/legality of the order, finding, or sentence. Section 128 of Crpc provides that the lower court has an obligation to follow the order of revision Court.
- The order must not be interlocutory ( no revision lies against an interim order). Revision lies only against the final order.
- A Revision does not lie against an appealable order. It lies only in respect of non-appealable orders.
Difference between Appeal and Revision.
Grounds of Difference
- Exercise of Jurisdiction – Appellant Jurisdiction can be exercised by any court competent to hear the appeal(Sessions court, High-Court, and Supreme-Court as well). While Revisional Jurisdiction can only be exercised by the sessions court and High-court.
- Nature of Jurisdiction – The exercise of appellant jurisdiction is purely statutory in nature. Revisional Jurisdiction is part and parcel of appellant Jurisdiction but exercised at the discretion of the revision court.
- When jurisdiction can be exercised – The appellant jurisdiction shall be exercised only on an application by the aggrieved party. While Revisional Jurisdiction can be exercised either on an application to the revision court or suo–moto by the High-court.
- Exercise of the Right by whom? – An appeal can be filed by the aggrieved party i.e, either a party to the proceeding(state or convict) or any party to the case(victim). On the other hand, a revision petition can be filed only by the party to the proceeding.
- Nature of grounds- Appeal lies either against a judgment or appealable order of the lower court. while the subject matter of revision shall only be a non-appealable order.
- Nature of the Review procedure – As the appellant court is a court of error, it can exercise all the powers the same as that of the trial court. An appeal is the continuation of the trial. The revisional jurisdiction of the revision court is limited and supervisory in nature.
- Powers of the court – Appellant court is empowered to re-examine (retrial) of the evidence, permitting additional evidence, reassessment of the case, and reverses the order and judgment of the trial court. On the other hand, the revisional court can examine the correctness and legality of an order, finding or sentence passed by the lower court.
- Availability of rights – Right of Appeal is available both under crpc and Constitution of India. The Right of seeking revision is only under crpc.
- Power of High-Court – In case of an appeal by state(against the acquittal of the accused) the High-court may reverse the decision of the lower court and may pass a conviction on judgment or order. On the other hand, In case of a revision petition against the order of acquittal, the revision court cannot reverse the order but it may set aside the order and direct the lower court to conduct trial afresh.
- Subject- matter – An appeal lies either against a judgment or an appealable order of a lower court. The subject matter of revision shall only be a non-appealable order.
Here are other notes related to the same topic of the Criminal Procedure Code-