Appeal vs Review vs Revision under CrPC & BNSS Explained

Know the key difference between Appeal vs Review vs Revision under CrPC & BNSS. Clear legal comparison with examples, sections & expert insights.

In the Indian criminal justice system, three important legal remedies – Appeal, Review, and Revision—provide mechanisms to check judicial errors and ensure justice. While these terms may appear similar, their purposes, procedures, and scopes are distinct. This blog explores the difference between appeal, review and revision in criminal law, with a specific focus on their applicability under the Criminal Procedure Code (CrPC), 1973 and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

📌 Introduction

Understanding the difference between appeal, review and revision under CrPC and BNSS is crucial for legal practitioners, law students, and anyone involved in litigation. Each of these remedies serves a different function and is governed by separate provisions within procedural law.

Appeal vs Review vs Revision under CrPC & BNSS Explained

Let’s break down the core concepts and distinctions of Appeal vs Review vs Revision under CrPC & BNSS:

⚖️ What is an Appeal?

An appeal is a statutory right that allows a party to approach a higher court for a re-examination of a decision rendered by a lower court.

Key Features of Appeal:

• Nature: A substantive statutory right.

• Purpose: Re-hearing of the case in whole or part.

• Scope: Both questions of fact and law can be re-evaluated.

• Who Can File: Aggrieved party (accused or prosecution).

• Time-bound: Must be filed within prescribed limitation.

Relevant Provisions:

• Under CrPC: Sections 372 to 394.

• Under BNSS: Sections 478 to 500.

Example:

If a Sessions Court convicts an accused, he may file an appeal in the High Court under Section 374 CrPC or its corresponding provision in BNSS.

🔍 What is a Review?

A review is a reconsideration of a judgment by the same court that passed it, generally on the grounds of an error apparent on the face of the record.

Key Features of Review:

• Nature: Exceptional and discretionary.

• Purpose: Correction of manifest errors.

• Scope: Limited to apparent errors, not re-argument.

• Who Can File: Party affected by the order/judgment.

• Jurisdiction: Same court that passed the order.

Relevant Provisions:

• Under CrPC: No express provision for review by criminal courts; however, the Supreme Court and High Courts may exercise review powers under the Constitution (Article 137 for SC).

• Under BNSS: Similar position continues; review remains limited.

Example:

A review petition may be entertained by the Supreme Court under Article 137 if there is a glaring mistake in its earlier judgment.

🔄 What is Revision?

A revision is a supervisory power of higher courts to examine the correctness, legality, or propriety of any order passed by a lower court.

Key Features of Revision:

• Nature: Discretionary, not a right.

• Purpose: To prevent miscarriage of justice.

• Scope: Limited to jurisdictional and legal errors.

• Who Can File: Either party or suo motu by the court.

• Jurisdiction: High Court or Sessions Judge.

Relevant Provisions:

• Under CrPC: Sections 397 to 405.

• Under BNSS: Sections 472 to 477.

Example:

If a Magistrate erroneously drops proceedings in a criminal case, the complainant may move the High Court under Section 397 CrPC or the corresponding BNSS provision for revision.

📊 Comparative Table: Difference Between Appeal, Review and Revision