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:
- 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.
- 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 | Review | Revision |
---|---|---|
Purpose | Re-examination by the same court | Examination by a higher court |
Applicability | Same court that passed the judgment/order | Higher court than the one whose decision is under scrutiny |
As to section Under CPC | Order 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 |
Grounds | Error 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 Body | Same court which pronounced the judgment/order | Higher court than the one whose decision is under scrutiny |
Scope | Correcting errors, omissions in the decision | Ensuring legality, regularity, propriety of the lower court's decision; does not usually involve re-appreciation of evidence |
Reconsideration | Involves the same court's re-examination | Higher court examines the lower court's decision |
Grounds for | Error of law, facts not considered, mistake | Errors, irregularities, jurisdictional issues, |
Filing | Apparent on the face of the record | Miscarriage of justice, illegalities, irregularities |
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