revision
Revision is a supervisory jurisdiction, not a right of appeal. In civil cases, s.115 of the Code of Civil Procedure, 1908 lets the High Court revise a case decided by a subordinate court where no appeal lies, if the lower court exercised a jurisdiction it did not have, failed to exercise one it had, or acted illegally or with material irregularity. Since 1999, revision lies against an interlocutory order only if the order, had it gone the other way, would have finally disposed of the suit.
In criminal cases, ss.438 to 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (old ss.397 to 401 CrPC) let the High Court and Sessions Court examine the correctness, legality or propriety of any finding, sentence or order of an inferior criminal court. Revision does not lie against interlocutory orders, and the revisional court cannot convert an acquittal into a conviction.
Example
Since the trial court decided a case it had no jurisdiction to try, the order was set aside in revision under s.115 CPC.
In Indian law
- Section 115, Code of Civil Procedure, 1908
- Sections 438–442, Bharatiya Nagarik Suraksha Sanhita, 2023 (old ss.397–401 CrPC)
See also
review · appeal · jurisdiction · inherent powers
Read more in the study notes
- Judicial power of the administration: quasi-judicial functions and administrative adjudication (Administrative Law)
- Judicial control: public and private law remedies, writ procedure and ouster clauses (Administrative Law)
- Corruption, maladministration and the ombudsman: Lokpal and Lokayukta (Administrative Law)
- Penal provisions for dishonour of cheques (ss.138-148) and the Bankers' Books Evidence Act, 1891 (Banking Law)
- Criminal procedure: meaning, background and salient features of the BNSS (Bharatiya Nagarik Suraksha Sanhita)
- Cognizance, dismissal of complaints, commencement of proceedings and limitation (Bharatiya Nagarik Suraksha Sanhita)