What is criminal revision petition?

Asked by: Prof. Jaclyn Steuber  |  Last update: July 7, 2022
Score: 4.3/5 (14 votes)

Revision is the process of examination of an order of a lower court by a Higher court, so as to rectify any improper exercise of Judicial Power. The precise purpose of Revision is to examine the correctness, legality or propriety of any proceeding before any inferior court.

What is the procedure for revision?

Revision can be filed in superior court by the aggrieved party of any judgement passed by the subordinate court where no appeal lies. Revision is discretionary and supervisory power of the superior court, it does not warrant any statutory right to the aggrieved party, unlike appeal.

Who has the powers of revision?

The High Courts power to jurisdiction to act as a revisional court has to be deduced from all the provisions in section 397-401 read together.

What is difference between review petition and revision petition?

Distinction between Review and Revision

Review is given by the court which passed the decree or made the order whereas revision is executed only by the High Court. Review can be done only after the passing of the order whereas revision can be done when the case has been decided.

How is criminal revision different from appeal?

An appeal is whereby the case is heard again due to the dissatisfaction of a certain party while a revision is done by a high court to ensure that legal actions were followed in arriving at a decision. Both appeal and revision can help in making corrections of a previous hearing.

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27 related questions found

Who can file revision petition?

The Limitation Act of 1908 had not prescribed any period for filing revisions to the High Court under Section 115 of the Code of Civil Procedure, and a litigant could file a revision petition at any time.

What are the grounds of criminal revision?

(a) Correctness, legality or propriety (correctness) of any finding, sentence or order recorded or passed. (b) Regularity of any proceeding of an inferior court.

Can revision be converted into appeal?

(ii) Revision can be converted into appeal if same is filed within time and there is no impediment of limitation. Limitation must be construed from the date of filing of the revision petition or appeal.

What is limitation period for criminal revision?

Simultaneously by an amendment Article 162-A was inserted in the Limitation act to provide that Limitation for filing a revision petition will be 90 days.

How do you draft a criminal revision petition?

That pursuant to accused No. 1 agreeing to sell his property as represented by him to be _________________________ to the complainant, the complainant and the accused No. 1 and 2 agreed amongst themselves that the complainant would pay a consideration of Rs. ___________ to the accused as full and final consideration.

What is revision petition under section 397 of CrPC?

According to Section 397 of CrPC, revision petition can be filed to check the irregularity or correctness of any particular finding, order or sentence passed by any lower court, then the Court might call for such record or finding or the Court may direct the execution of any sentence or order to be suspended and if the ...

Can criminal revision be converted into criminal appeal?

P.C. or the matter may be remanded to the High Court to convert the revision applications into appeals and to treat them as appeals under Section 372 Cr. P.C. 5.

What is the period of limitation for review and revision?

The limitation period for Revision

According to article 131 of the Limitation Act, 1963 for a revision of the decree or order, the limitation period is 90 days. The revision application is required to be made before the High Court within the limitation period.

What is a revision in legal terms?

Revision means re-examination of cases which involve the illegal assumption, non-exercise or irregular exercise of Jurisdiction. Revisional jurisdiction does not confer any substantive right, and the right of revision is merely a privilege granted to an aggrieved.

What is limitation for criminal revision petition?

Article 131 of Limitation Act the limitation is of 90 days for filing a Criminal Revision.

Can revision petition be amended?

The High Court relied on the Supreme Court decision in S.R. Sukumar v. S. Sunaad Raghuram, (2015) 9 SCC 609, wherein it was held that, there is no provision in CrPC to amend criminal complaint, but amendment can be allowed if the amendment is sought before taking cognizance.

In which circumstances revision can be filed?

1. Application by aggrieved party – When the order passed by the subordinate court and the party who is aggrieved by such order can apply for the revision in the High Court. 2. Suo moto – Under section 115 of the Civil Procedure Code, 1908 the High Court may exercise suo moto action of revisional jurisdiction.

Can a criminal case be reviewed?

It has been argued that Section 561-A of the Cr PC, gives this Court power to review its order passed ... criminal case. S. 369 of the Code provides that there shall be no review in criminal case and S.

How is revision different from reference and appeal?

An appeal is made to the higher court on the points of the fact and laws. Reference is made to the higher court on the points of the law. Revision is made to both higher and lower court on the already adjudicated matters.

What is the law relating to appeal and revision?

An appeal is whereby the case is heard again due to the dissatisfaction of a certain party while a revision is done by a high court to ensure that legal actions were followed in arriving at a decision. Only the high court can do a revision. An appeal is a statutory right.

Under what circumstances can a revision lie against an appeal?

The revision can only be filed once the appeal is dismissed. The word “appeal” includes both the first appeal and second appeal. Therefore, the revision can only lie when the appeal is dismissed or does not lie.

What is Memorandum of revision?

A Memorandum of revision similarly is a document filed when the person alleges that the decision passed by the court is erroneous and should, therefore, be revised and set right.

Can a criminal appeal be dismissed for default?

7. The position of law as laid down by the Supreme Court in the aforesaid decisions is that a criminal appeal cannot be dismissed for default whereas the appellate Court has to render a decision after perusing the record even in the absence of the appellant.

Can chargesheet be filed in absence of accused?

Thus, from the Order of Siddharth v. State of Uttar Pradesh (2021), it becomes unequivocally clear that a Magistrate cannot refuse a charge sheet if it is presented without taking the accused into custody.