In the Indian legal system, two important procedural remedies allow a party to challenge the orders of a lower court — Appeal and Revision Petition. These two remedies, though similar in purpose, are very different in their scope, nature, and procedure. Understanding the distinction between an appeal and a revision petition is crucial for litigants and lawyers alike because choosing the wrong remedy can lead to dismissal or delay.
The direct answer to your question is: An appeal is a statutory right that allows a higher court to re-examine the correctness of a lower court’s decision on facts and law, while a revision petition is a discretionary power of the higher court to supervise the legality, propriety, and jurisdictional correctness of the lower court’s order where no appeal lies.
Below is a detailed explanation of both concepts, their legal bases, and their differences.
1. Understanding Appeal
(A) Definition of Appeal
An appeal is a judicial examination by a higher court of the decision of a lower court to ensure that the decision was legally correct. It is a continuation of the original proceedings and provides a party the right to have the whole case reconsidered.
(B) Nature of Appeal
- An appeal is not a new suit but a continuation of the same proceedings in a higher court.
- The appellate court has the power to look into both questions of fact and law, unless restricted by statute.
- The right to appeal is statutory, meaning it must be expressly conferred by law — it cannot be assumed.
(C) Provisions Governing Appeals in Civil and Criminal Matters
- Civil Appeals: Governed by Sections 96 to 112 and Orders XLI to XLV of the Code of Civil Procedure (CPC), 1908.
- Criminal Appeals: Governed by Sections 372 to 394 of the Code of Criminal Procedure (Cr.P.C.), 1973.
2. Understanding Revision
(A) Definition of Revision
A revision petition is a request made to a higher court to review the legality, propriety, or correctness of a decision of a lower court when no appeal lies.
(B) Nature of Revision
- Revision is not a right but a discretionary remedy exercised by a higher court to supervise lower courts.
- The revisional court cannot re-appreciate evidence the way an appellate court does; it only checks whether the lower court acted within its jurisdiction.
(C) Provisions Governing Revisions in Civil and Criminal Matters
- Civil Revision: Governed by Section 115 of the Code of Civil Procedure, 1908.
- Criminal Revision: Governed by Sections 397 to 401 of the Code of Criminal Procedure, 1973.
3. Key Differences Between Appeal and Revision Petition
Below is a comprehensive point-by-point discussion of the differences:
(A) Right vs. Discretion
- Appeal: It is a statutory right. If a statute provides for an appeal, the aggrieved party can demand that the appellate court hear it.
- Revision: It is not a right but a privilege. The revisional jurisdiction of the High Court or Sessions Court is discretionary; the court may refuse to entertain it.
(B) Scope of Examination
- Appeal: The appellate court can review questions of fact and law, and even re-evaluate evidence, call for additional evidence, and come to its own conclusions.
- Revision: The revisional court is confined to checking jurisdictional errors, illegality, impropriety, or material irregularity. It cannot normally reassess evidence or decide factual disputes.
(C) Continuity of Proceedings
- Appeal: Treated as a continuation of the original proceedings. It is as though the entire case has been reopened before the appellate court.
- Revision: Not a continuation of the original proceedings. It is only a supervisory mechanism to ensure the lower court acted within its authority.
(D) Requirement of Statutory Provision
- Appeal: Must be expressly provided for in the statute. Without a provision, no appeal lies.
- Revision: Lies when no appeal is provided but the party believes there has been an illegality or jurisdictional error.
(E) Scope of Relief
- Appeal: The appellate court can confirm, reverse, or modify the decree or order appealed against. It can also remand the case back to the lower court.
- Revision: The revisional court can set aside the order, remand the case, or direct the lower court to act according to law but cannot generally substitute its own findings on facts.
(F) Limitation Period
- Civil Appeals: Typically 30 days (first appeal) or 90 days (second appeal) depending on the statute.
- Civil Revision: 90 days as per Article 131 of the Limitation Act, 1963.
- Criminal Appeals: Generally 30 to 90 days under the Cr.P.C.
- Criminal Revision: 90 days as per Article 131 of the Limitation Act, 1963.
(G) Forums
- Civil Appeals: From Civil Judge (Junior Division) to District Court or directly to High Court, depending on valuation and law.
- Civil Revision: Only in High Court under Section 115 CPC.
- Criminal Appeals: From Magistrate to Sessions Court or High Court, depending on the nature of the offence.
- Criminal Revision: Can be filed in Sessions Court or High Court under Section 397 Cr.P.C.
(H) Interlocutory Orders
- Appeal: Usually not allowed against interlocutory orders unless expressly provided.
- Revision: Commonly used to challenge interlocutory orders where no appeal lies but the order causes jurisdictional or legal errors.
4. Illustrative Examples
Example 1 (Appeal):
A trial court passes a final decree in a civil suit. The aggrieved party can file a first appeal under Section 96 CPC to the District Court or High Court as applicable.
Example 2 (Revision):
A trial court rejects an application under Order VII Rule 11 CPC for rejection of plaint. No appeal lies against such an order, but the defendant may file a revision in the High Court under Section 115 CPC.
Example 3 (Criminal):
- If a Magistrate convicts an accused under Section 138 of the NI Act, the accused can file an appeal against conviction to the Sessions Court.
- If during the trial the Magistrate improperly allows an application for summoning a witness, the accused may challenge this interlocutory order through a criminal revision petition.
5. Judicial Interpretations of Appeal vs. Revision
- Hari Shankar v. Rao Girdhari Lal Chowdhury (AIR 1963 SC 698): The Supreme Court distinguished between appellate and revisional jurisdiction, noting that the former reconsiders the entire case, while the latter only ensures jurisdictional correctness.
- Aundal Ammal v. Sadasivan Pillai (AIR 1987 SC 203): Held that revision is not an appeal in disguise and cannot be used to reassess evidence.
- Major S.S. Khanna v. Brig. F.J. Dillon (AIR 1964 SC 497): Reiterated the limited scope of revision.
6. Constitutionality and Supervisory Jurisdiction
Even when revision is barred or limited by statutory amendments, litigants may still approach the High Court under Article 227 of the Constitution for supervisory jurisdiction. However, this is also discretionary and not a substitute for an appeal.
7. Comparative Table of Appeal vs. Revision
| Feature | Appeal | Revision |
|---|---|---|
| Nature | Statutory right | Discretionary power of higher court |
| Provision | CPC (Sections 96–112), Cr.P.C. (Sections 372–394) | CPC (Section 115), Cr.P.C. (Sections 397–401) |
| Scope | Both facts and law | Only legality, propriety, jurisdictional errors |
| Evidence | Can reassess and take new evidence | Cannot generally reassess evidence |
| Forum | Hierarchical appellate courts | High Court (civil) / High Court or Sessions Court (criminal) |
| Limitation | Usually 30–90 days depending on statute | 90 days under Article 131 of the Limitation Act |
| Interlocutory Orders | Rarely appealable | Often challenged through revision |
| Result | Can confirm, reverse, or modify | Can set aside or remand; limited modification |
8. Strategic Considerations for Litigants
- Check if an appeal lies first: If an appeal is available, revision will be dismissed.
- Focus on jurisdictional errors: In revision, emphasize errors of law, jurisdiction, or material irregularity.
- Observe limitation periods: Track deadlines carefully to avoid dismissal on grounds of limitation.
- Use Article 227 cautiously: Supervisory jurisdiction is only for exceptional cases.
9. Advantages and Disadvantages
Appeal
Advantages:
- Broader scope; court re-examines facts and law.
- Statutory right ensures hearing.
Disadvantages:
- Time-consuming.
- Higher costs.
Revision
Advantages:
- Faster than appeals.
- Useful for challenging interlocutory or jurisdictional errors.
Disadvantages:
- Discretionary; may be dismissed at admission.
- Limited scope; cannot re-litigate facts.
10. Conclusion
In conclusion, an appeal and a revision petition are distinct remedies under Indian procedural law. An appeal is a statutory right enabling the appellate court to reconsider the entire case on facts and law, whereas a revision petition is a discretionary supervisory remedy allowing the higher court to correct jurisdictional or procedural errors where no appeal lies.
For civil matters, appeals are governed by Sections 96–112 CPC, and revisions by Section 115 CPC. For criminal matters, appeals are under Sections 372–394 Cr.P.C., and revisions under Sections 397–401 Cr.P.C. Understanding these differences helps litigants and lawyers choose the appropriate remedy and frame their case strategy effectively.
Ultimately, an appeal is like a full review, whereas a revision is more like a supervisory audit. This distinction underscores the importance of procedural precision in Indian litigation.
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.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304