What is criminal revision and when is it filed?
Criminal revision under Section 441 of the BNSS, 2023 allows the High Court or Sessions Court to examine the correctness, legality, or propriety of an inferior court’s order where no appeal lies.
Legal Explanation
Revision is not a substitute for appeal. It is used to challenge jurisdictional errors, illegal sentences, or procedural irregularity. The revisional court may call records, make interim orders, and correct the order.
Procedure
- 1Obtain the certified order being challenged.
- 2File a revision petition with grounds.
- 3Court may issue notice to the opposite party.
- 4After hearing, the court may confirm, modify, or set aside the order.
Jurisdiction
Sessions Courts and Allahabad High Court for UP.
Important Limitations
No revision against interlocutory orders; revision cannot be used where appeal is available.
Legal References
- BNSS, 2023 — Section 441 — Revision
What This Covers
Obtain the certified order being challenged.
File a revision petition with grounds.
Court may issue notice to the opposite party.
After hearing, the court may confirm, modify, or set aside the order.