Criminal Revision

  • Criminal Revision

Criminal revision provided under section 397 to 405 of CrPC is different from Criminal appeal. A revision is provided when there is no provision of appeal against the impugned order under the Criminal Procedure Code. Power of revision is very wide and is completely discretionary nature. Unlike appeal, a person cannot seek criminal revision as a matter of right.

Criminal revision does not lie against any interlocutory order. However in case any interlocutory order finally decides the matter, criminal revision lies against it. Criminal revision can be made either before High Court or before sessions court. In case criminal revision is preferred before one of the courts, the same person cannot file criminal revision for the same matter before the other court.

Two appeals are rare in CrPC. In case a person is acquitted in trial and convicted in appeal in Sessions, an appeal lies to High Court. In case, he is convicted in both the courts, a revision lies in High Court.

Section 401 of the Code states that that no order shall be made to the prejudice of the accused or any other person unless accused or such person has had an opportunity of being heard either personally or by pleader in his own defence. Therefore, even complainant may be required to be heard in a criminal revision, depending on facts and circumstances of the case.

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