Introduction
Revision in a simple way is to correct or alter a decision already made by the sub-ordinate court. The main aim is to revise, alter, correct review the decision already made by the trial court. The power to revise a decision by the higher court is discretionary and it does not confer or impose on the higher court an order to revise every decision brought before it.
The power of revision cannot be exercised when there is a pending appeal on the case in a higher court. The right of appeal is not available in each and every case and there should be specific provisions in place so as to scrutinize the decisions of lower courts in order to obviate the scope of a miscarriage of justice. Where no appeal lies, the Courts vests with the power of Revision, in order to prevent a miscarriage of justice; and this powers of revision conferred on the Higher Courts are very wide and discretionary in nature. The Criminal Laws provide only one opportunity to appeal to the convict in a criminal case. Section 397 – 405 deals with the Revisional Jurisdiction of the Courts. The above-mentioned provisions also place some limitations on the exercise of such power of Revision.
Object
The object of revisional jurisdiction is to confer upon superior criminal courts, kind of paternal power of supervisory jurisdiction and to prevent a miscarriage of justice and also provide an easy remedy and secure expedition in the disposal of cases for the check on the subordinate Courts and ensure that they do not exceed their jurisdiction. To ensure that justice is done as per the recognized rules of criminal jurisprudence.
Scope of Revisional powers of High Court
The Revisional powers of the High Court are very wide as far as it is concerned with preventing a miscarriage of justice. Section 397 & Section 401 when read together provide for the circumstances where the powers of revision may be exercised. The object of conferring Revisional powers is to empower the High Court with the jurisdiction of general supervision and superintendence. High Court can exercise its Revisional jurisdiction upon any order of the subordinate courts, except for those the criminal law expressly bars such as a bar on revision against interlocutory orders. The Revision power of the High Court is discretionary and there is no vested right of revision.
Concurrent Jurisdiction of High Court and Sessions Court
The aggrieved person can directly invoke the Revisional jurisdiction of either the High Court or Session Court. Thus, it is not necessary to approach the Sessions Court first. One can approach the High Court directly without approaching the Sessions Court. Section 397(3) imposes a bar on the filing of revision petition in High court or session court simultaneously. So, one has only one opportunity of filing a revision. The mere making of a revision application before the Session Judge makes a second revision before the High Court non-maintainable. However, one cannot file another application u/s. 398 before the High Court after the Sessions Judge has dismissed the one filed before him.
Circumstances To Excercise the Revisional Jurisdiction
There are the following circumstances where the Revisional Jurisdiction may be exercised:
- Grossly erroneous decision
- Finding of fact not based on evidence
- Non-compliance with the provisions of law
- Non- consideration of material evidence
- Arbitrary exercise of judicial discretion
Exercise of Revisional Powers by the high court
The powers conferred u/s. 401 are discretionary in nature, and there is no vested right of revision. The court can exercise this power in exceptional cases where there is a glaring defect in the procedure or manifest error on point of law and it is not practicable to lay down a rigid test of uniform application and the matter has to be left to the sound exercise of judicial discretion. The court has powers to dispose of the petition on merits if the petitioner is not represented by counsel. The evidence has to be considered in its true perspective. The Apex Court has held that the court shall take into consideration only unimpeachable evidence while exercising Revisional jurisdiction.
Limitations on exercise of Power of Revision
There are the following limitations on the power of the Court of Revision:
- Where an appeal lies, but no appeal has been brought
- No revision lies in relation to an interlocutory order
- The Court cannot convert the acquittal into conviction under a revision petition application/.
- One can file only one revision i.e. either to the Court of Session or High Court.
Locus Standi
The rules of locus standi under Revisional Jurisdiction are not very stringent. The Court can act on its own motion. The Court can even act upon the motion of a stranger who may be instrumental in bringing to the knowledge of the Revisional court a matter which otherwise the Revisional court may not have known. The concerned parties to the case may also apply for a revision of an order, sentence, or finding of a Court.
No Revision against “Interlocutory” Orders
Section 397(2) expressly provides that no revision shall lie against an interlocutory order. The objective behind this provision is to attain finality of proceedings and expedite the disposal of criminal cases. An interlocutory order is the one that is passed at some intermediate stage of a proceeding generally to advance the cause of justice for the final determination of the rights between the parties. Test to determine whether an order is interlocutory or final is to see if the rights and liabilities of the parties are settled or are left to be determined by the Court in an ordinary way. Therefore, the term interlocutory order denotes an interim order of temporary nature.
No Abatement of Revision by the death of the Petitioner
The matter has to be heard and determined in accordance with the law, whether or not the petitioner is alive or dead or whether he is represented in Court by a legal practitioner or not. The considerations applicable to abatement of appeal do not apply to Revision. Therefore, the High Court can exercise Revisional Jurisdiction in respect of an order made against an accused person even after his death. the legal heirs can file the Revision petition after the death of the convict, to relieve the family from the burden of conviction on their family.
Key Words-
Revisional Jurisdiction
Interlocutory Orders
Revision
Revision Petition
Criminal law
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