Criminal Revision Filing Procedure in India

The Indian legal system provides various remedies to individuals aggrieved by judicial orders or decisions. One such remedy is the filing of a revision petition. This article aims to elucidate the procedure for filing a criminal revision in India, its significance, and the relevant legal provisions governing it.

Understanding Criminal Revision

Criminal revision is a legal remedy available to a party who seeks to challenge an order passed by a subordinate court. The scope of revision is limited to examining the correctness, legality, or propriety of an order and does not allow for a re-evaluation of the merits of the case. The Criminal Procedure Code, 1973 (CrPC) lays down the framework for the revision process.

Legal Provisions Governing Criminal Revision

The primary provisions governing the filing of a criminal revision in India are found in Section 397 to 401 of the CrPC. These sections provide the framework for the powers of the High Court and Sessions Court to revise the orders of subordinate courts.

• Section 397: This section empowers the High Court or Sessions Court to call for records from any inferior criminal court to examine the legality of any order passed.
• Section 398: It allows for the High Court or Sessions Court to exercise its powers to correct any error in the subordinate courts.
• Section 399: This section outlines the powers of the High Court to regulate the procedure for revision and the manner of hearing.
• Section 401: This provision details the powers of the High Court on revision and the orders it can pass.

When to File a Criminal Revision

A criminal revision can be filed in the following situations:

• When there is a miscarriage of justice due to an erroneous order.
• When a subordinate court has exercised jurisdiction not vested in it.
• When there is an abuse of process of law.
• When the order is against the principles of natural justice.

Procedure for Filing a Criminal Revision

The procedure for filing a criminal revision is as follows:

Step 1: Preparation of Revision Petition

The first step in the revision process is the preparation of a revision petition. The petition should include the following:

• The title of the case, including the name of the petitioner and respondent.
• A clear statement of facts leading to the filing of the revision.
• The specific order being challenged.
• The grounds on which the revision is sought.
• Relief sought from the court.

Step 2: Affidavit

Along with the revision petition, an affidavit must be filed affirming the facts stated in the petition. The affidavit should be sworn before a competent authority, such as a Notary Public.

Step 3: Filing the Petition

The revision petition must be filed in the appropriate court, which could be the High Court or the Sessions Court, depending on the nature of the order being challenged. The petition should be filed in the prescribed format along with the requisite court fees.

Step 4: Service of Notice

After filing the petition, the petitioner must ensure that a notice of the revision is served to the opposite party. This is crucial as it ensures that the other party is made aware of the proceedings and has an opportunity to respond.

Step 5: Hearing of the Petition

Once the notice is served, the court will schedule a hearing for the revision petition. During the hearing, both parties will present their arguments. The petitioner must substantiate the grounds for revision, while the respondent may counter these arguments.

Step 6: Court's Decision

After hearing both parties, the court will pass an order. The court may:

• Allow the revision and set aside or modify the order of the subordinate court.
• Dismiss the revision petition if it finds no merit in the grounds raised.
• Issue directions to the subordinate court for further proceedings.

Important Considerations

While filing a criminal revision, the following considerations should be kept in mind:

• Time Limitation: A revision petition must be filed within a reasonable time, generally within 90 days from the date of the order being challenged.
• Limitation on Scope: The revision does not allow for a re-examination of evidence; it is limited to examining the legality of the order.
• Legal Representation: It is advisable to engage a competent advocate to ensure that the petition is well-prepared and presented effectively.

FAQs

1. What is a criminal revision?

A criminal revision is a legal remedy allowing a party to challenge an order passed by a subordinate court on grounds of legality, correctness, or propriety.

2. Which courts can hear a criminal revision petition?

A criminal revision petition can be filed in the High Court or the Sessions Court, depending on the nature of the order being challenged.

3. What are the grounds for filing a criminal revision?

Grounds may include miscarriage of justice, lack of jurisdiction, abuse of process, or violation of natural justice principles.

4. Is there a time limit for filing a criminal revision?

Yes, a criminal revision must generally be filed within 90 days from the date of the order being challenged.

5. Do I need a lawyer to file a criminal revision?

While it is not mandatory, it is advisable to engage a lawyer to ensure proper preparation and presentation of the petition.

6. Can new evidence be introduced in a criminal revision?

No, a criminal revision does not allow for the introduction of new evidence; it is limited to reviewing the existing record.

7. What happens after the revision petition is filed?

After filing, the court will issue notice to the opposite party and schedule a hearing for both parties to present their arguments.

8. What orders can the court pass in a criminal revision?

The court may allow the revision, dismiss it, or issue directions for further proceedings in the subordinate court.

9. Can a revision be filed against an acquittal order?

Generally, a revision cannot be filed against an acquittal order, as it is not permissible to challenge an acquittal in a revision petition.

10. Is there a provision for appeal against a revision order?

No, there is no provision for appeal against an order passed in a revision petition under the CrPC.

Conclusion

The procedure for filing a criminal revision is a critical aspect of the Indian legal system, providing a mechanism for correcting errors in judicial orders. Understanding the procedural nuances, legal provisions, and practical considerations involved in filing a revision petition is essential for practitioners and litigants alike. Engaging a competent advocate can significantly enhance the likelihood of a favorable outcome in the revision process.