Revision is a judicial mechanism that empowers a higher court to scrutinize and correct the errors committed by a lower court, even when no appeal lies against its order. It is a discretionary power designed to prevent miscarriage of justice and uphold the legality and propriety of judicial proceedings.
What is Revision?
- Revision is a supervisory jurisdiction exercised by a higher court to correct errors of jurisdiction or law in a lower court’s judgment.
- Unlike an appeal, a revision is not a continuation of the original suit; it only ensures that the subordinate courts act within their legal bounds.
Legal Provisions Governing Revision
Under Criminal Law
- Governed by Section 397 to 401 of the Criminal Procedure Code, 1973 (CrPC).
- Section 397: High Court or Sessions Judge may call for records of inferior courts.
- Section 401: High Court’s powers in revision.
Under Civil Law
- Governed by Section 115 of the Code of Civil Procedure, 1908 (CPC).
- The High Court can revise cases decided by subordinate courts where:
- They exercised jurisdiction not vested in them by law, or
- Failed to exercise jurisdiction, or
- Acted with material irregularity.
Features of Revision
- It is discretionary, not a right.
- It can be initiated suo motu or on application.
- It cannot be used to re-appreciate evidence.
- The court looks at the legality and procedural correctness.
- It is only available when no appeal lies against the impugned order.
Difference Between Appeal and Revision
| Aspect | Appeal | Revision |
|---|---|---|
| Right | Statutory right | Discretionary power |
| Scope | May cover questions of law and fact | Only questions of law or jurisdiction |
| Continuation | Continuation of original proceedings | Not continuation; supervisory in nature |
| Evidence Review | Fresh evidence may be admitted | No reappreciation of evidence |
Grounds for Filing a Revision Petition
- Jurisdictional error by the trial court.
- Procedural irregularity or illegality.
- Gross injustice due to perverse order.
- Violation of legal rights or miscarriage of justice.
Procedure for Filing Revision
- Draft a Revision Petition stating facts, legal issues, and grounds.
- Attach a certified copy of the impugned order.
- File it before the High Court or Sessions Court (in criminal matters).
- After scrutiny, the court may call for records from the lower court.
- The court may confirm, reverse, or modify the order or pass any suitable direction.
Important Case Laws
Amar Nath v. State of Haryana, AIR 1977 SC 2185
- Clarified that interlocutory orders are not revisable under Section 397(2) CrPC.
Shankar Ramchandra Abhyankar v. Krishnaji Dattatreya Bapat, AIR 1970 SC 1
- Held that revisional jurisdiction is limited and cannot be equated with appellate power.
When Revision is Not Maintainable
- When appeal lies under law.
- Against interlocutory orders (in criminal cases as per Section 397(2) CrPC).
- When no substantial question of law or jurisdictional error is involved.
Importance of Revision in Legal System
- Acts as a judicial check on subordinate courts.
- Upholds rule of law by preventing jurisdictional abuse.
- Protects individuals from arbitrary or illegal judicial actions.
- Ensures uniformity and consistency in legal interpretations.