Criminal

Criminal Revision Petition under Section 438 BNSS

A Criminal Revision Petition is a formal application filed by an aggrieved party to challenge the correctness, legality, or propriety of an order passed by a subordinate criminal court. It invokes the revisional jurisdiction of a superior court to examine the record of the lower court proceedings and rectify any jurisdictional error, material irregularity, or illegality.

This petition is filed before the Court of Session or the High Court under the revisional powers granted by Sections 438, 440, and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The petition does not function as a regular appeal; the revisional court will not re-appreciate evidence but will only interfere if the impugned order suffers from a manifest legal defect.

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Governing law
BNSS 2023 ss.438/440/442 (records & revisional jurisdiction)
Sections
s. 438s. 439s. 440s. 442
Filed before
Court of Session / High Court

When this is the right filing

  • When a subordinate criminal court has passed an order that is legally incorrect, suffers from a material irregularity, or was made without jurisdiction.
  • When the aggrieved party seeks to have the superior court call for and examine the record of the lower court to satisfy itself as to the correctness, legality, or propriety of the order.
  • When the defect in the order is a patent error of law, such as a failure to consider mandatory provisions, acting beyond jurisdiction, or ignoring material evidence on record.
  • When the order is interlocutory in nature and not a final judgment, provided it has caused a gross miscarriage of justice.
  • Do not use this petition if you are seeking a full re-evaluation of evidence as in an appeal; the revisional court's scope is limited to correcting jurisdictional and legal errors.

What the court looks for

  • A clear identification of the specific legal defect, illegality, or material irregularity in the impugned order, framed as complete and fluent sentences in the Grounds section.
  • A detailed Synopsis and List of Dates and Events that chronologically presents the procedural history and demonstrates how the lower court's order is flawed.
  • Full particulars of the petitioner and all respondents, including parentage, age, and complete addresses, stated in the Memo of Parties.
  • A properly structured paper-book with an Index, Annexures cross-referenced as P-1 to P-n, and proof of advance service on the Public Prosecutor or Standing Counsel.
  • An affidavit in support of the petition, verifying the facts on oath, and a valid Vakalatnama executed in favour of the arguing counsel.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Listing proforma
  2. 2Index
  3. 3Court fee
  4. 4Notice of motion
  5. 5Urgent application
  6. 6Memo of parties
  7. 7Synopsis and list of dates and events
  8. 8Facts
  9. 9Grounds
  10. 10Prayer
  11. 11Affidavit in support
  12. 12Annexures
  13. 13Vakalatnama
  14. 14Proof of service
How it opens
Kindly take notice that the accompanying criminal revision petition in the above-noted matter is being filed on behalf of the Petitioner/Revisionist and is likely to be listed before this Hon'ble Court on [listing date] or any date thereafter. Please take notice accordingly.

Bracketed items are filled from your case.

Frequently asked questions

What is the difference between a criminal revision and a criminal appeal?

A criminal appeal is a statutory right to challenge a conviction or sentence on facts and law, allowing the appellate court to re-appreciate evidence. A criminal revision is a discretionary power of the superior court to examine the record for legality, propriety, or regularity of the proceedings, and it does not involve a re-evaluation of evidence.

Can a revision petition be filed against an interlocutory order?

Generally, revisional courts are reluctant to interfere with interlocutory orders to avoid fragmenting proceedings. However, a revision may be entertained if the interlocutory order causes a gross miscarriage of justice or suffers from a patent jurisdictional error that cannot be corrected at a later stage.

Is the paper-book structure different for the Court of Session and the High Court?

The core structure of the petition, including the Memo of Parties, Synopsis, Grounds, and Affidavit, remains the same. For a High Court filing, additional pages like the Listing Proforma and an Urgent Application addressed to the Registrar are typically required, whereas these may be omitted for a Sessions Court revision.

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