APPEAL,REFERENCE AND REVISION (Cr.P.C)
APPEAL
The word “appeal” has not been defined in The Code of Criminal Procedure, 1973, (hereinafter CrPC), however, it can be described as the judicial examination of a decision, given by a lower court, by a higher court. The Merriam-Webster dictionary defines appeal as “a legal proceeding by which a case is brought before a higher court for review of the decision of a lower court”.
The supreme court has supervisory jurisdiction due to the victims’ right to redress.The Criminal Procedure Code, 1973, Chapter 30, Sections 395 to 405, deals with reference and revision. Without negligence or irregularities, justice is administered in a fair and proper manner. Under the Criminal Procedure Code, review procedures include both appeal and modification. They have the authority to carry out or commute a punishment. The right to a hearing does not grant the litigant any rights; rather, it solely preserves the High Court’s authority to administer justice in line with the law. They may even have the authority to request an inquiry, subject to some restrictions.
The correctness of the lower court
the regularity of proceedings in the court
power of revision cannot be uses in interlocutory orders
The argument of the person applying for revision should be considered during the hearing even though they are too brief
There are some situations where an appeal is not permitted. The legislators took this into consideration and included the revision idea to the law in order to entirely prevent any miscarriage of justice, even in situations where the CrPC has restricted the right of appeal. The powers of revision granted to the higher courts are included in Sections 397 to 405 as well as the process for using these powers. It should be recognized that these powers are by definition broad and discretionary.
REVISION
Revision Although the term “revision” is not defined in the Cr.P.C, Section 397 of the Cr.P.C grants the High Court or any Sessions Judge the authority to request and review any proceeding’s records. Ascertain oneself:
1.as to the correctness,legality,or propriety of any finding,sentence or order, whether recorded or passed,and
2.as to the regularity of any proceedings of an inferior court.
Difference between an Appeal, Reference and Revision
| APPEAL | REFERENCE | REVISION |
|---|---|---|
| It is defined under Chapter XXIX of the Criminal Procedure Code. | It is defined under Chapter XXX of the Criminal Procedure Code. | It is defined under Chapter XXX of the Criminal Procedure Code. |
| It is defined from Section 372- 394 of the Criminal Procedure Code . | It is defined from Section 395-396 of the Criminal Procedure Code . | It is defined from Section 397-402 of the Criminal Procedure Code . |
| An appeal is made to the higher court on the points of the fact and laws. | Reference is made to the higher court on the points of the law. | Revision is made to both higher and lower court on the already adjudicated matters. |
| The Appeal begins on the determination of the case. | The Reference occurs while the case is still pending in the court. | The revision begins under the final judgment or final order or final decision of the court. |
| An appeal or petition is to be filed against the decision passed by the lower court. | Reference is to consult the High Court on insolvency or invalid law, act, regulation or ordinance related to the case at hand. | Revision is to review, change or amend any grammatical, clerical or arithmetic error by a trial court or high court. |
| In some cases, an appeal can be filed with leave of the court by an aggrieved person or accused. | Reference is made by the trial court to the High Court. | The revision can be initiated by the trial court suo moto or the High Court. |
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