This article will review the Revision Petition procedure in the Criminal and
Civil Procedure Codes. First, we must clarify fundamental differences between
Revision, Review, and Appeal to understand the fundamentals of a Revision
Petition, as these Legal terms seem the same to Us. However, people use these
terms in very different ways for different reasons. Statutory rights give the
aggrieved party certain entitlements. Moreover, some are totally up to the
court's discretionary power. Let us take a look at these terms.
Revision - In layman's language, we can say, " To improve something that has
been decided, one must revise and make changes to it." "Now look at from a legal
perspective" To re-examine and re-look at and make corrections if there is some
mistake, the lower court's decision. Revision gives a court power to revise the
decisions of the subordinate courts if there seems to be some overuse or disuse
of the court's jurisdiction.
Review - We can often need clarification on Revision and Review. There is a thin
difference when we look at the Review: the discovery of new evidence, error on
the face of the record, or the same facts. The same court and judge do it. That
Review is the power of a court to re-run or re-examine its judgments if the
court realizes that some aspect has been missed or wrongly interpreted.
Appeal- It is the statutory right of the aggrieved party. Matter of right if an
individual. Nevertheless, only that judgment mentioned in the code, the right to
appeal, can be exercised within the bounds of the Code of Criminal Procedure or
any other law in force. The court has discretion in this matter, as it has
approached, and it cannot claim it as a matter of right.
Revision Petition procedure under CRPC
Revision is a legal procedure that involves a higher court reviewing an order or
decision made by a lower court. The revision aims to identify and correct
instances where the lower court may have exercised its judicial power
inappropriately. The main goal is to ensure that the lower court operates within
the limits of its authority and adheres to established legal principles. In
essence, revision is similar to the power of supervision and superintendence.
Its purpose is to examine the accuracy, legality, or propriety of any
proceedings that have taken place before a lower court.
SECTION 379: Revision is the power of a higher court to order records and facts
from a subordinate court. In this case, the higher court has the power to revise
the faulty judgment by its subordinate. It is an inter-court provision.
The higher court can call for records of a decree by any subordinate court if it
- The lower court has overused jurisdictions.
- The lower court has disused its jurisdictions.
- The court has acted unfairly and illegally.
The High Court can not interfere with the functions and procedures of
subordinate courts until it is evident and proven that the judgment is capable
of causing irrevocable trauma. The court can only correct errors of facts or law
once the time decision of the court falls out of its jurisdiction.
Jurisdiction of Court
- Section 397(2): Applies to the interlocutory decree, inquiry, trial, or
CASE: Amar Nath Vs. State of Haryana
The Indian Supreme Court has stated that the term "interlocutory order" in
Section 397 (2) of the Code of Criminal Procedure, 1973 refers to temporary
orders that do not determine the crucial rights or liabilities of the parties
involved. Suppose an order significantly impacts the accused's rights or decides
certain parties' rights. In that case, it cannot be considered an interlocutory
order and, therefore, cannot prevent a revision from being filed. In simpler
terms, an interlocutory order is a temporary order that does not significantly
impact the rights or liabilities of the parties involved.
CASE: Madhu Limaye Vs. State of Maharashtra
The Supreme Court of India further observed that the real intention of the
legislature was not to equate. The expression interlocutory order is invariably
converse of the word's final order. An order passed during a proceeding may
still need to be finalized, but it may be something other than an interlocutory,
pure, or straightforward order. Some kinds of order may fall in between the two.
The bar in sub-section (2) of Section 397 of the Code of Criminal Procedure,
1973 is not meant to be attracted to such interlocutory orders. They may not be
final orders for the purposes. Nevertheless, it would not be correct to
characterize them as merely interlocutory orders within the meaning of Section
397 (2) of the Code of Criminal Procedure, 1973.
- Section 397(3): If an individual is made an application under High
Court, then no Sessions Judge can entertain, and no High Court entertains
when the Sessions Judge makes an application.
CASE: Sanjay Kumar Rai Vs. State of Utter Pradesh & Anr
It was held that orders framing charges or refusing discharge are neither
interlocutory nor final and are, therefore, not affected by the bar of Section
397 (2) of the Code of Criminal Procedure.
According to section 397 of Crpc, the High Court and Sessions Judge can exercise
the jurisdiction over the revision petition for Corrections, legality, and
propriety. People use these three terms interchangeably, but they have different
Correction - In essence, it involves evaluating or assessing whether a lower
court's ruling adheres to the guidelines established by a higher court, which
typically involves referencing previous legal cases as precedents.
Legality - It determines whether the provisions interpret correctly or not.
Propriety - What purpose and rationale behind passing that particular judgment
by a subordinate court?
The code confers broad revisional powers; however, they cannot exercise them in
exceptional circumstances. The exceptional circumstances are as follows:
SECTION 401: The party cannot bring an appeal in cases where an appeal is
allowed. The court cannot entertain revisional proceedings for someone who could
have filed an appeal but did not. It applies when interlocutory orders are
passed in any appeal or trial. Additionally, when exercising its revisional
jurisdiction, the court does not have the authority to change a judgment of
acquittal to a judgment of conviction.
A person is entitled to file only one application for revision in either the
court of the session or the High Court. Once a person has applied for revision,
he cannot file any other application in any court of law.
Section 397 and section 401 read with Section 482 CrPC
CASE: Dhariwal Tobacco Products Ltd vs. State of Maharashtra
In essence, the Supreme Court ruled that the mere availability of another legal
option, namely the criminal revision under Section 397 of the CrPC, does not
justify the rejection of an application made under Section 482 of the CrPC.
CASE: Mohit alias Sonu v. State of Uttar Pradesh
On the other hand, a conflicting view was taken that if an order being contested
is not interlocutory and can be revised by the High Court, then the use of the
court's inherent jurisdiction should be prohibited. Due to this disagreement,
the matter was referred to the Honorable Chief Justice to refer it to a larger
Civil Revision Procedure under CPC
Section 115 of the Civil Procedure Code, 1908, governs the revisional
jurisdiction of High Courts in civil matters. The term "case decided" was
previously defined in the CPC. However, an explanation was added after the
Amendment Act of 1976 to clarify that the "case which decided" encompasses any
order or resolution of an issue during a lawsuit or legal proceedings. It is
important to note that only the High Court can issue a stay order in any suit or
proceed with Revision.
Section 115 of the CPC lays down the conditions for Revision,
- which include situations where a subordinate court has either exercised
a jurisdiction not authorized by law or
- failed to exercise its jurisdiction as authorized by law. Additionally,
if the subordinate court has acted illegally or with material irregularity
in the exercise of its jurisdiction, the affected party may seek relief by
approaching a higher court.
CASE: Rajaram Nathu Ji Pathode v. Maniran Samantha Kose
- The High Court has discretionary power in exercising revisional jurisdiction,
but certain exceptions exist. For instance, the High Court cannot exercise
revisional jurisdiction if the order, if made in favor of the party applying for
the revision, would have already finally disposed of the case.
- Additionally, the High Court cannot exercise revisional jurisdiction over any
order or decree that can be appealed to the High Court or any lower court.
The court ruled that a mistake in judgment or deviation from the law is not
necessarily considered an illegal or irregular action that would warrant the
High Court's revisional power unless the lower court exceeded its jurisdiction.
Jurisdiction of civil courts
The High Court has the authority to request the case file of any case decided by
a lower court and for which there is no option for an appeal to the High Court.
If the lower court has acted beyond its legal jurisdiction, failed to carry out
its legal duties, or acted illegally or irregularly, the High Court may review
It is the order which is decided by the Court when meanwhile proceeding is going
on. It is temporary and interim. Which does not decide or touch the fundamental
rights of the liabilities of the parties. Any order that substantially affects
the accused's rights or decides certain parties' rights cannot be said to be an
interlocutory order to bar a revision.
Orders which are matters of moment and which affect or adjudicate the rights of
the accused or a particular aspect of the trial cannot be said to be
interlocutory orders outside the purview of the revisional jurisdiction. The
order gives temporary or interim relief that does not affect the parties'
rights. It is not a final verdict of the Court.
Example: In domestic violence cases, where these types of cases take a long time
to settle down in these cases, the Interlocutory order is passed by the Court in
the form of interim maintenance. Interim maintenance is to ensure that the wife
and the children are not put to starvation,
CASE: Manoj Kumar Agarwal State of UP
The High Court ruled that when a Magistrate grants pardon and remand the accused
to custody order under 306 or 307, it is considered an interlocutory order that
cannot be revised. In other words, the High Court determined that such an order
is temporary and does not decide or affect the fundamental rights or liabilities
of the parties involved and, therefore, cannot be revised.
Difference between Review and Revision
|Parameter Of Comparison
|A review is a process of revisiting and reconsidering a
case that has already been decided by the court that originally heard
|The concept of revision involves the authority of a
higher-level court to review and modify the decision made by a
|Section 114 of CPC and article 137 of the constitution.
|Section 115 of CPC
|Types of Appeal
|This refers to a legal action that can only be filed
within the same court where the original decree was issued. It cannot be
filed in any other court.
|This refers to a legal procedure where a higher court
reviews and evaluates the decision made by a lower court. It is known as
an inter-court provision because it involves filing a complaint or
appeal against the ruling of one court in another court that has higher
|To file a review petition, it is necessary that either
no appeal has been filed previously or the judgment in question does not
permit an appeal.
|A Revision petition is submitted when a lower court has
misused its authority.
|If any new evidence is found or if there is a mistake in
interpreting a fact, the court will consider a review.
|This refers to situations where a lower court issues a
ruling that is uneven, improper, or unfair.
|If someone wishes to file a Review petition, they must
do so within 30 days of the court's ruling being issued.
|In order to file a Revision petition, it is required to
do so within 90 days from the date of the court's decree.
It is the right of an individual to be heard before the Court. As in law, no
right is the absolute right. The state can impose reasonable restrictions on
them. However, the reasonability of the restrictions is decided by the courts.
So, always up to the discretionary power of the courts to decide whether to
consider the hearing of the matter.
A revision petition gives power to the High Court to maintain its supervision of
the subordinate Court to ensure that proceedings are conducted within the
boundaries of their jurisdiction and in the furtherance of justice by the law.
And it is allowed both High Court and Sessions Judge a chance to rectify the
mistake or error conducted by the subordinate due to which the party may be
suffering. It gives a chance to the High Court the to prevail justice.
The maintenance of justice is essential for every Democratic society; in
countries like India, which is developing, where the Constitution and
interpretation of provisions and statutes by the judiciary are very for better
smoothing of the legal system. The Court's verdict is essential in sustaining an
individual's fundamental rights.
Where some error is made by the Court which does not prevail, justice can be
re-looked or re-examined by the Court, with the power vested in the Constitution
to Court. Inherently power is given to High Court in articles 226 and 227. The
High Court has the power to remove any remarks made by itself or a lower court
regarding the behavior of a person or office if it is necessary to prevent the
misuse of the court's process or to ensure justice is served. This power should
not be used lightly and only exercised in exceptional circumstances.
- (1977) 4 SCC 137. 30. AIR 1967 SC 799 (India).
- (1977) 4 SCC 551 (India).
- 2021 Criminal Appeal No. 472/2021 (India).
- 2008 criminal appeal no. 2055 OF 2007 (India).
- 2013 AIR 2013 SC 2248 (India).
- Section 15 re-numbered as sub-section (1) of that section by act 104 of
1976, sec 43 (w.e.f. 1-feb-1977).
- AIR 1975 Bom 1 (India).
- 1995 CriLJ 646 (India).
Award Winning Article Is Written By: Ms.Sandhya Pant and
Dr.Vivek Kumar, Asst professors of the ICFAI University Dehradun
Authentication No: AP346512089140-9-0423