Scope of Revision Petition in India

Introduction

In this article, we will go through the Revision Petition procedure in the Criminal Procedure Code and Civil Procedure Code. To understand the fundamentals of Revision Petition first we have to clear basic differences between Revision, Review and Appeal.

As these Legal terms might seem the same to Us. But these terms are used in a very different ways for different reasons. Some of these are statuary right which is given to the aggrieved party. And some of them are totally up to the discretionary power of the court. Let’s take a look at these terms.

Revision – In layman’s language we can say ” To revise something which has been decided and to make changes to it to improve it “. Now look at in legal perspective” To re-examine and to re-look at and to make correction if there is some mistake,  the decision of the lower court. Revision gives a court power to revise the decisions of the subordinate courts if there seems some overuse or disuse of the court’s jurisdiction.

Review – We can often get easily confused between revision and review. There is a thin difference when we look at the review are the discovery of new evidence, error on the face of the record or look the same facts. It is done by the same court and judge. Is that Review is the power of a court to re-run or reexamine 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. But only that judgement which is mentioned in the code the right to appeal can only be exercised within the bounds of the Code of Criminal Procedure or any other law in force and hence, this is discretionary upon the court which has been approached and can not be claimed as a matter of right.

Revision Petition

Criminal Procedure ( Section 397 Crpc)

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 appears that:

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’t correct any error of facts or law, until the time the decision of the court falls out of its jurisdictions.

Exception

Sec- 397(2) Crpc  It on applicable on the interlocutory decree, inquire, trial or another proceeding.

Sec – 397(3) If an individual is made an application under High Court then no Sessions Judge can entertain and no High Court entertain when an application is made under Sessions Judge.

Jurisdiction Of Court

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.

This three-term is used interchangeably but these terms have different meanings.

Correction – It means to check or judge whether the judgment decided by a subordinate court based on guidelines given by Superior Court that is it will take reference to precedent cases.

Legality – Whether provisions are interpreted correctly or not.

Propriety –  What purpose and the rational reason behind passing that particular judgment by a subordinate court.

Note:  First among equals is sessions judge that why the word use session judge, not a court of session in sec 397

The revisional powers conferred by the Code are wide enough but the same cannot be exercised in exceptional circumstances. The exceptional circumstances are as follows:

Sec 401

In cases where an appeal can lie but there is no appeal brought by the party. No revisional proceedings shall be entertained on behalf of the person who could have brought in a petition for appeal but did not do so

When interlocutory orders are passed in any appeal, enquiry or trial

The court which is exercising its revisional jurisdiction does not possess the power to convert a decision of acquittal into a decision of conviction.

A person is entitled to file only one application for revision in either court the of the session or High court and once a person has filed an application for revision he can not file any other application in any court of law.

Civil revision

Civil Procedure

Under Civil Procedure, 1908, section 115 explains Revision in civil matters. Earlier, there was a definition of the term “case decided” in CPC. After the Amendment Act, 1976, an explanation was added to Section 115 of CPC which defined the term “case dewhich cided” includes any order issued or any order that resolves an issue, in the course of a lawsuit or any other proceeding. It is also to be noted that only the High court can pass a stay order in any suit or other proceeding for revision.

According to section 115 of CPC following are the conditions for revision:

When a subordinate court has exercised a jurisdiction not vested in it by law.

When a subordinate court has failed to exercise its jurisdiction vested in it by law.

When a subordinate court has acted in the exercise of its jurisdiction illegally or with material irregularity.

Exception

There are some exceptions to the discretionary power of the High Court in case of revisions:

The High Court shall not exercise revisional jurisdiction except where the order if it was made in the favour of the party applying for the revision, would have finally disposed of the suit or other proceeding.

The High Court shall not exercise revisional jurisdiction on any order or decree, against which an appeal lies to the High Court or any subordinate court.

Jurisdiction of Court

provides that the High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto and if such subordinate Court appears

to have exercised jurisdiction not vested in it by law,

to have failed to exercise a jurisdiction so vested.

to have acted in the exercise of its jurisdiction illegally or with material irregularity.

Interlocutory order

Interlocutory order – This 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 important rights of the liabilities of the parties.

Any order which substantially affects the right of the accused,

or decides certain rights of the parties cannot be said to be an interlocutory order to bar a revision.

Orders which are matters of moments and which affect or adjudicate the rights of the accused or a particular aspect of the trial cannot be said to be interlocutory order to be outside the purview of the revisional jurisdiction.

We can simply conclude that the order which gives temporary relief or interim, that temporary relief does not affect the rights of parties. 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,

Cases

[Madhu Limaye Vs State of Maharashtra, (1977) 4 SCC 551], the Supreme Court of India further observed that the real intention of the legislature was not to equate. The expression interlocutory order is invariably being converse of the word’s final order. There may be an order passed during a proceeding that may not be final, but, yet it may not be an interlocutory order pure or simple. Some kinds of order may fall in between the two.

The bar in sub-section (2) of Section 397 of Code of Criminal Procedure, 1973 is not meant to be attracted to such kinds of interlocutory orders. They may not be final orders for the purposes, yet 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.

The Supreme Court in Criminal Appeal No. 472/2021 titled Sanjay Kumar Rai Vs State of Utter Pardesh & Anr., 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.

Main Differences Between Review and Revision

The Review petition includes the re-examination of a case by the same court whereas the Revision petition challenges the decision of a civil court in another court that is placed at higher levels of the hierarchy of judiciary. Review is an intra-court provision whereas Revision is an inter-court provision.

A review is filed when new and crucial evidence is discovered or when the court realizes some error in the analysis of facts whereas Revision is petitioned if the higher court realizes any misuse or disuse of powers and jurisdictions by a subordinate court.

Review powers are mentioned in Section 114 of the Civil Procedure Code of India and Article 137 of the Constitution (for the Supreme Court). Revision powers are documented in Section 115 of the  Civil Procedure Code of India.

The review may or may not be applied to judgments that are subject to appeal but Revision is only involved for cases that do not allow an appeal.

The time limit to file a Review is 30 days while it is 90 days for filing Revision.

Conclusion

We can conclude that 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 or not.

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’s allowed both High Court and Sessions Judge a chance to rectify the mistake or error which conducted by subordinate due to which on the party may be suffering. It gives chance to the high court to prevail Justice.

The maintenance of Justice is very important for every Democratic society, Countries like India which is developing, where the Constitution and interpretation of provision and statute by the judiciary is very for better smoothing of the legal system. The verdict by Court is important in terms of sustaining the basic rights of an individual. Where some error is done by the court which does not prevail justice can be relooked 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 can in the exercise of its inherent jurisdiction expunge remarks made by it or by a lower court in respect of any conduct of a person or official if it is necessary to do so to prevent abuse of the process of the court or otherwise to secure the ends of justice; the jurisdiction is, however, exceptional and has to be exercised in exceptional cases only.