Glossary · procedural

Revision Petition

Also known as: Revision · Civil revision · Criminal revision

A revision petition invokes the supervisory jurisdiction of a higher court over a subordinate court — distinct from an appeal (which re-examines the case on merits) and distinct from a writ (which tests for jurisdictional errors or violations of fundamental rights). In civil practice, revision lies under Section 115 of the Code of Civil Procedure; in criminal practice, under Sections 438-442 of the Bharatiya Nagarik Suraksha Sanhita (BNSS, 2023) — previously Sections 397-401 of the Code of Criminal Procedure.

**Civil revision (Section 115 CPC).** The High Court can revise any case in which no appeal lies, where the subordinate court appears to have (a) exercised jurisdiction not vested in it, (b) failed to exercise jurisdiction vested in it, or (c) acted in the exercise of its jurisdiction illegally or with material irregularity. The 2002 CPC amendment narrowed the scope — revision is now limited to orders that, if upheld, would have finally disposed of the suit or proceeding.

**Criminal revision (Section 438 BNSS / Section 397 CrPC).** Wider scope. The Sessions Court or High Court can examine the correctness, legality, or propriety of any finding, sentence, or order of an inferior criminal court. Both suo motu and on application by an aggrieved party.

Revisions are typically faster than appeals but have a narrower remedy — the revisional court usually sends the matter back to the subordinate court with directions rather than passing the final order itself. Limitation is typically shorter (30-90 days depending on the forum).