Advertisement

What is the difference between review and revision petition in Cr.PC ?

What is the difference between review and revision petition in Cr.PC ?

In Indian courts, "review" and "revision" are legal processes that allow for reconsideration or re-examination of a judgment or order:

  1. Review:
    • Review refers to the re-examination of a decision by the same court that originally passed the order/judgment.
    • Review Petition is a intra-court appeal. Review petition is usually filed in the same court before another bench or senior judge.
      In civil suits, review petition filed under Section 114 read with Order XLVII, Rule 1 of the 
      Code of Civil Procedure. Decision of High Court render by a Single-judge can be reviewed by Division Bench of same High Court.
    • The purpose of a review is to correct an error apparent on the face of the record, prevent miscarriage of justice, or address any mistake or omission in the judgment or order.
    • A review petition needs to establish grounds such as an error of law, facts not considered, or a mistake apparent on the face of the record for the court to consider re-examining the decision.
  1. Revision:
    • Revision Petition is an inter-court appeal. For instance, if someone is aggrieved by a district/lower court’s order he may appeal to High Court by way of filing a revision petition. Similarly, order passed by any High Court may be appealed by way of revision petition at Supreme Court of India.
    • Revision, on the other hand, involves a higher court examining the legality or correctness of a decision made by a lower court.
    • It is governed by provisions under Section 397 to 405 of the Code of Criminal Procedure, 1973, and Section 115 of the Civil Procedure Code, 1908.
    • The primary purpose of revision is to prevent a miscarriage of justice, ensure that the lower court has exercised its jurisdiction properly, and correct any errors or irregularities in the decision.
    • The higher court, while exercising its revisional powers, generally doesn't delve into the re-appreciation of evidence but focuses on the legality and regularity of the lower court's decision.

 

Here's a tabulated form which shows the key differences between "Review" and "Revision" in the Indian court system:

Subject Matter ReviewRevision
PurposeRe-examination by the same courtExamination by a higher court
ApplicabilitySame court that passed the judgment/orderHigher court than the one whose decision is under scrutiny
As to section Under CPCOrder 47 of Civil Procedure Code, 1908 (CPC)Section 397-405 of CrPC (Criminal Procedure Code, 1973) for criminal cases; Section 115 of CPC for civil cases
GroundsError apparent on the face of the record,Errors, irregularities, or illegalities in the lower court's decision, jurisdictional issues, miscarriage of justice
Mistake or omission in the judgment/order
Reviewing BodySame court which pronounced the judgment/orderHigher court than the one whose decision is under scrutiny
ScopeCorrecting errors, omissions in the decisionEnsuring legality, regularity, propriety of the lower court's decision; does not usually involve re-appreciation of evidence
ReconsiderationInvolves the same court's re-examinationHigher court examines the lower court's decision
Grounds forError of law, facts not considered, mistakeErrors, irregularities, jurisdictional issues,
FilingApparent on the face of the recordMiscarriage of justice, illegalities, irregularities

Post a Comment

0 Comments