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revision

English · Courts and procedure

Meaning. The power of a superior court to call for the record of a lower court and correct jurisdictional or legal errors.

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

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