Under Which Law Are Criminal Revision Petitions Filed in High Court?

Under Which Law Are Criminal Revision Petitions Filed in High Court – A Complete Guide

The Indian legal system provides several remedies to an aggrieved party to challenge an order or judgment of a criminal court. While appeals and reviews are well-known remedies, revisions play a distinct and crucial role, especially in criminal matters. A criminal revision petition allows the High Court to exercise its supervisory and corrective jurisdiction over subordinate criminal courts.

The direct answer to the question is — Criminal revision petitions are filed in the High Court primarily under Sections 397 to 401 of the Code of Criminal Procedure, 1973 (CrPC).

Let us explore in detail the entire concept of criminal revision petitions in the High Court, the laws governing them, the scope of powers of the High Court, the procedure, and other key aspects.

1. Introduction to Criminal Revision Petition

A criminal revision petition is a legal remedy provided under the CrPC that empowers the High Court (and Sessions Courts) to call for and examine the records of criminal proceedings decided by any inferior criminal court. It is a supervisory jurisdiction used to ensure that:

Subordinate courts have acted within their jurisdiction.
Legal and procedural irregularities are corrected.
Gross miscarriage of justice is prevented.

It is not a right like an appeal but a discretionary power of the High Court.

2. Statutory Provisions Governing Criminal Revision Petitions

Criminal revision petitions in the High Court are governed by Chapter XXX of the Code of Criminal Procedure, 1973 (CrPC), which contains Sections 397 to 405. Among these, the key provisions are:

Section 397 CrPC – Calling for records to exercise revisional powers.
Section 398 CrPC – Power to order inquiry.
Section 399 CrPC – Sessions Judge’s power of revision.
Section 400 CrPC – Power of Additional Sessions Judges.
Section 401 CrPC – High Court’s powers of revision.
Section 403 CrPC – Option of High Court to hear parties.
Section 405 CrPC – High Court’s power to delegate revision to Sessions Judge.

Together, these sections form the backbone of the revisional jurisdiction in criminal matters.

3. Section 397 CrPC – Calling for Records and Exercising Revisional Powers

This is the primary section under which criminal revision petitions are filed.

Key Features of Section 397 CrPC:

The High Court or the Sessions Judge may call for and examine the record of any proceeding before any inferior criminal court to satisfy itself about the correctness, legality, or propriety of any finding, sentence, or order.
The power extends to examining the regularity of proceedings.
The object is to correct jurisdictional and procedural errors.

Limitation under Section 397(2) CrPC:

The revisional power cannot be exercised in relation to interlocutory orders (i.e., interim orders that do not finally decide the case).
This limitation prevents abuse of the revisional jurisdiction and ensures speedy trial of criminal cases.

4. Section 401 CrPC – High Court’s Powers of Revision

Section 401 CrPC provides the scope and limits of the High Court’s power of revision.

Key Features of Section 401 CrPC:

The High Court can exercise all the powers of an appellate court.
It can alter, reverse, or annul any finding, sentence, or order.
However, it cannot convert an acquittal into a conviction.
It can enhance sentences but only after giving notice to the accused.
It can order retrials, inquiries, or fresh trials in appropriate cases.

Section 401 is the substantive provision that defines what the High Court can do when a criminal revision petition is filed before it.

5. Purpose and Object of Criminal Revision

The object of revisional powers in criminal matters is:

To enable the High Court to keep subordinate criminal courts within the bounds of their authority.
To prevent miscarriage of justice resulting from grave procedural or legal errors.
To ensure that criminal justice is administered fairly and in accordance with law.

Thus, the revisional power is essentially corrective and supervisory, unlike an appeal which is primarily evaluative.

6. Difference Between Criminal Appeal and Criminal Revision

Feature	Criminal Appeal	Criminal Revision
Scope	Both facts and law can be challenged.	Only legality, correctness, or propriety of the order can be examined.
Right or discretion?	Statutory right (if statute allows).	Discretionary power of High Court/Sessions Court.
Evidence reappraisal?	Yes, can reassess evidence.	Limited; no fresh evidence.
Objective	Correct the merits of the decision.	Prevent jurisdictional error or grave miscarriage of justice.

7. Who Can File a Criminal Revision Petition?

The following persons can file a criminal revision petition:

The accused (challenging adverse orders such as framing of charge, conviction in petty cases, etc.).
The complainant or victim (challenging dismissal of complaint or acquittal orders).
The State (challenging illegal orders of discharge, grant of bail, etc.).

Even if no party approaches, the High Court can exercise suo motu revision.

8. When Can a Criminal Revision Petition Be Filed?

Some typical instances include:

Challenging orders framing charges when they are groundless.
Challenging illegal orders of discharge or acquittal in certain non-appealable cases.
Challenging irregularities in trial procedures.
Challenging illegal grant or refusal of bail.
Challenging refusal to summon key witnesses or documents.

The key requirement is that no appeal lies against the impugned order, and the order is not merely interlocutory.

9. Limitation Period for Criminal Revision Petition

The CrPC does not prescribe a fixed limitation for revision petitions. However, under the Limitation Act, 1963 and High Court rules, criminal revisions are generally filed within 90 days from the date of the impugned order. The High Court may condone delay under Section 5 of the Limitation Act if sufficient cause is shown.

10. Powers of the High Court in Criminal Revision

Under Sections 397 and 401 CrPC, the High Court may:

Call for records and examine legality, propriety, or regularity of any proceeding.
Reverse or modify any finding, sentence, or order.
Order retrial or fresh inquiry.
Stay proceedings pending revision.
Enhance sentence after notice to the accused.

However, the High Court:

Cannot convert acquittal into conviction.
Cannot interfere in interlocutory orders except under Article 227 of the Constitution.
Must exercise revisional power sparingly.

11. Procedure to File a Criminal Revision Petition in High Court

While CrPC provides substantive law, each High Court’s Rules prescribe procedural requirements. Generally, a criminal revision petition contains:

Title: “Criminal Revision Petition under Sections 397 and 401 CrPC.”
Parties: Petitioner vs. Respondent (State or complainant).
Certified copy of the impugned order.
Grounds of revision specifying illegality or impropriety.
Prayer for relief.
Affidavit in support.

Some High Courts also require a separate application for condonation of delay or stay of proceedings.

12. Key Judicial Pronouncements on Criminal Revision

Amit Kapoor v. Ramesh Chander (2012) 9 SCC 460
The Supreme Court held that revisional jurisdiction is very limited; it cannot be exercised like an appellate power.
State of Kerala v. Puttumana Illath Jathavedan Namboodiri (1999) 2 SCC 452
The Court held that the revisional court can interfere only when there is a glaring defect in procedure or manifest error on point of law.
Madhu Limaye v. State of Maharashtra (AIR 1978 SC 47)
Landmark ruling defining “interlocutory order” and limiting revision against such orders.
V.C. Shukla v. State (1980 Supp SCC 92)
The Supreme Court explained the scope of Section 397(2) CrPC and the distinction between interlocutory and final orders.

These cases highlight the supervisory nature of the High Court’s revisional powers.

13. Interlocutory Orders and Section 397(2) CrPC

One of the biggest limitations on criminal revision petitions is that they cannot be filed against interlocutory orders. The term “interlocutory” means interim or temporary orders passed during the trial which do not finally decide the rights of parties. Examples include:

Grant or refusal of adjournments.
Orders relating to summoning of witnesses.
Orders issuing process to accused.

However, certain orders though “interim” in form but final in effect (e.g., dismissal of a complaint) may still be challenged under revision.

14. Revisional Powers of Sessions Judge vs. High Court

Both High Court and Sessions Judge have concurrent revisional powers under Section 397 CrPC.
A party must first approach the Sessions Judge unless exceptional circumstances exist.
Section 399 CrPC gives the Sessions Judge the power to exercise revision similar to the High Court.
However, once the Sessions Judge has decided the revision, the same matter cannot be revised again by the High Court (bar under Section 397(3) CrPC).

15. Criminal Revision Under Article 227 and 226 of the Constitution

If revisional jurisdiction under Sections 397/401 CrPC is barred (for example, against interlocutory orders), litigants sometimes invoke the High Court’s powers under Articles 226 and 227 of the Constitution of India.

Article 226 empowers the High Court to issue writs.
Article 227 gives the High Court superintendence over subordinate courts.

However, courts have cautioned that these extraordinary powers should not be used to circumvent the bar under Section 397(2) CrPC unless there is gross miscarriage of justice.

16. Advantages of Criminal Revision Petition

Provides a quick supervisory remedy when no appeal lies.
Corrects jurisdictional and procedural errors.
Ensures fair trial and prevents miscarriage of justice.
Less expensive and faster than a full-fledged appeal.

17. Limitations of Criminal Revision Petition

Cannot be filed against interlocutory orders (bar under Section 397(2) CrPC).
Discretionary remedy — High Court may refuse to entertain.
Limited scope — no reappreciation of evidence.
Cannot convert acquittal into conviction.
Cannot be filed twice on the same matter (bar under Section 397(3) CrPC).

18. Frequently Asked Questions (FAQs) on Criminal Revision Petitions

Q1: Under which law are criminal revision petitions filed in the High Court?
Criminal revision petitions are filed under Sections 397 to 401 of the Code of Criminal Procedure, 1973 (CrPC).

Q2: Who can file a criminal revision petition?
Any person aggrieved by an order of a criminal court — accused, complainant, or even the State — can file, provided no appeal lies.

Q3: Can a criminal revision petition be filed against an interlocutory order?
No, Section 397(2) CrPC expressly bars revisions against interlocutory orders.

Q4: What is the time limit to file a criminal revision petition?
Generally 90 days from the date of the order, subject to High Court rules and condonation of delay.

Q5: What powers does the High Court have in criminal revision?
The High Court can reverse, modify, or annul orders; direct retrials; enhance sentences (with notice); or pass any order to secure justice.

Q6: Is criminal revision a right or discretionary?
It is discretionary — unlike an appeal, which is a statutory right.

Q7: Can the High Court take up criminal revision on its own?
Yes, the High Court can exercise suo motu revision powers.

19. Case Examples Where Criminal Revision Is Maintained

Revision against an order rejecting discharge applications.
Revision challenging illegal framing of charges.
Revision challenging dismissal of a criminal complaint.
Revision challenging refusal to summon key witnesses.
Revision challenging illegal grant of bail.

20. Conclusion

The answer to the question “Under which law are criminal revision petitions filed in High Court?” is clear — they are filed under Sections 397 to 401 of the Code of Criminal Procedure, 1973 (CrPC). These provisions empower the High Court to exercise supervisory jurisdiction over subordinate criminal courts to ensure legality, propriety, and regularity of their orders and proceedings.

While the scope of criminal revision is narrower than an appeal, it plays a vital role in preventing miscarriage of justice and maintaining the integrity of the criminal justice system. By enabling the High Court to call for records and scrutinize the legality of orders passed by subordinate courts, criminal revision petitions serve as an essential corrective mechanism.

However, as this is a discretionary and limited remedy, litigants must use it carefully, demonstrate clear illegality or jurisdictional errors, and comply with the High Court’s procedural rules. When used appropriately, a criminal revision petition can be a powerful tool to ensure justice in criminal proceedings.

Important: Kindly Refer New Corresponding Sections of Bharatiya Nyaya Sanhita 2023, (BNS); Bharatiya Nagarik Suraksha Sanhita 2023, (BNSS); & Bharatiya Sakshya Adhiniyam 2023, (BSA) for IPC; CrPC & IEA used in the article.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.

Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304