Revision is said to be a process of inquisition of an order/judgment of the lower court which is examined by the higher court, in order to redress any excessive use of judicial power. The main purpose of revision is to rectify the proceedings of any lower court.
The right to appeal is not available for every case it is only for list of cases specified under the code. Therefore, in order to avoid the miscarriage of justice, where the right to appeal is missing, there is always a legal way out through Revision. The power of revision exercised by the higher courts is wide and discretionary in its nature. It is a power granted to the appellant courts to prevent failure of justice.
The court in which revision petition is pending cannot pass a prejudice order without giving equal opportunity to each party to be heard.
Criminal Revision Petition can be filed in the Sessions Court as well as the High Court. Provisions of Section 397 to 401 of The Code of Criminal Procedure, 1973 deals with revision in criminal cases.
SECTION 397 TO 401 OF CR.P.C
Section 397- Calling for records to exercise powers of revision.
(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order,- recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.
(2) The powers of revision conferred by sub- section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.
(3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.
- In order to exercise the power of revision, the record of the trial court shall be summoned by the Sessions court or High court for its examination and also to remove the irregularities in the same. The court has to satisfy itself as to the correctness or legality of the order passed by the lower court. This can be exercised for any pending or concluded
The revision petition cannot be heard against any interlocutory order passed in an appeal, trial or any other proceeding.
If a revision petition is already pending in Sessions court or High court, no new similar application can be filed in any other court.
Section 398-Power to order inquiry
On examining any record under section 397 or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrate subordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section 203 or sub- section (4) of section 204, or into the case of any person accused of an offence who has been discharged: Provided that no Court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made.
- On receiving fresh evidence through the revision petition, the court shall direct for further inquiry to be conducted in the said case.
When a complaint is dismissed u/s 203 or 204 (4), a person cannot opt for appeal in that case. With the help of a revision petition, it gives power to higher courts to direct for further inquiry.
A concurrent jurisdictional power is granted to three courts in this section namely, Chief Judicial Magistrate, Sessions Judge and High court to conduct further inquiry.
Section 399- Sessions Judge's powers of revision
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1) In the case of any proceeding the record of which has been called for by himself, the Sessions judge may exercise all or any of the powers which may be exercised by the High Court under sub- section (1) of section 401.
(2) Where any proceeding by way of revision is commenced before a Sessions Judge under sub- section (1), the provisions of sub- sections (2), (3), (4) and (5) of section 401 shall, so far as may be, apply to such proceeding and references in the said sub- sections to the High Court shall be construed as references to the Sessions Judge.
(3) Where any application for revision is made by or on behalf of a person before the Sessions Judge, the decision of the Sessions Judge thereon in relation to such person shall be final and no further proceeding by Way of revision at the instance of such person shall be entertained by the High Court or any other Court.
- In a revision petition, the Session Judge while hearings the records called from the lower court by him shall have similar powers of the High court mentioned u/s 401 of the Code. Further if a person has approached Sessions Judge with a revision petition, the decision of the Session Judge shall be final and the said person cannot further approach the High court with another revision petition.
Section 400- Power of Additional Sessions Judge
An Additional Sessions Judge shall have and may exercise all the powers of a Sessions Judge under this Chapter in respect of any case which may be transferred to him by or under any general or special order of the Sessions Judge.
Section 401- High Court's Powers of revision
(1) In the case of any proceeding the record of which has been called for by itself or Which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 386, 389, 390 and 391 or on a Court of Session by section 307 and, when the Judges composing the Court of revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 392.
(2) No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by pleader in his own defence.
(3) Nothing in this section shall be deemed to authorize a High Court to convert a finding of acquittal into one of conviction.
(4) Where under this Code an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed.
(5) Where under this Code an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice.
- The High Court can exercise all the powers of an appellant court mentioned u/s 386, 389, 390 & 391.
The said power shall be exercised by the High Court in exceptional case of failure of justice, excessive use of jurisdiction, abuse of power etc.
Both the parties have equal right to be heard and defend the case.
The High court has a power to convert an acquittal into conviction in an appeal but it cannot follow the same in a revision petition.
When an aggrieved party has a right to appeal against an order, they cannot opt for a revision petition without priorly filing an appeal for the same.
The High court has a discretionary power to treat a revision petition as an appeal only in a case where an appeal lies against the order of the lower court but the party has an erroneous belief that an appeal is not pending and hence the High Court allows the same in the interest of justice.
LIMITATION OF REVISION COURT
When a revision petition is pending in Sessions court, the same cannot be entertained again by the High court. The aggrieved party has no right to approach two courts with a revision petition.
CONCLUSION
Revision petition in criminal cases is governed under section 397 to 401 of Cr.P.C. It is the discretionary power of the court to exercise its power in removing the defects, error in proceedings, governing failure of power, excessive use of power etc by giving effective decisions in revision of a criminal case. It is a way to protect the miscarriage of justice.
