In the Indian legal system, Review, Revision, and Appeal are different remedies available to parties who have been aggrieved by a judicial order in both civil and criminal law. Understanding legal remedies in Indian law, such as Review, Revision, and Appeal, is crucial for effectively navigating through the complexities of both civil and criminal proceedings. This comprehensive analysis of CPC and CrPC sheds light on the appeal process in India, offering valuable insights for legal practitioners and students alike.
1. Review in Civil Law:
In civil law, review is a legal remedy that allows a party to challenge the correctness of a judicial order passed against them. The procedure for filing a review in civil law is provided under Section 114 of the Code of Civil Procedure, 1908.
According to Section 114, any person considering himself aggrieved by a decree or order from which an appeal is allowed, but from which no appeal has been preferred, may apply for a review of the decree or order to the court which passed the decree or made the order. The review can only be sought on the grounds of discovery of new and important matter or evidence, which was not within the knowledge of the applicant or could not be produced by them in the original proceedings.
It is important to note that the scope of review under Section 114 is limited and does not extend to re-examination of the evidence or re-appreciation of facts that were considered by the court in the original proceedings. The review proceedings are summary in nature and are not intended to be a substitute for an appeal. They are designed to correct judicial errors that may have occurred in the original proceedings, and not to re-adjudicate the matter afresh.
2. Revision in Civil Law:
In civil law, revision is a legal remedy that allows a superior court to examine the legality and propriety of an order passed by a subordinate court. The procedure for filing a revision in civil law is provided under Section 115 of the Code of Civil Procedure, 1908.
According to Section 115, the High Court may call for the records of any case which has been decided by any court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate court appears-
(a) to have exercised a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity.
In other words, a revision can be filed in the High Court if the subordinate court has exercised a jurisdiction not vested in it by law, failed to exercise a jurisdiction vested in it, or acted illegally or with material irregularity in the exercise of its jurisdiction.
3. Appeal in Civil Law
In civil law, appeal is a legal remedy that allows a party to challenge the correctness of a judicial order passed against them. The procedure for filing an appeal in civil law is provided under Section 96 to Section 105 of the Code of Civil Procedure, 1908.
According to Section 96, an appeal lies to the High Court from any decree passed in appeal by any court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law. In other words, an appeal can be filed in the High Court if the case involves a substantial question of law and the subordinate court has passed a decree in appeal.
4. Review in Criminal Law
In criminal law, a review is a legal remedy allowing a court to re-examine its judgment or order. This remedy is more limited compared to civil law. Section 362 of the CrPC restricts the review of final judgments, highlighting that a criminal court cannot alter or review its judgment once signed, except to correct a clerical or arithmetical error. This provision aims to ensure finality in criminal proceedings, preventing indefinite litigation.
5. Revision in Criminal Law
In criminal law, revision is a legal remedy that allows a superior court to examine the legality and propriety of an order passed by a subordinate court. The procedure for filing a revision in criminal law is provided under Section 397 and Section 401 of the Code of Criminal Procedure, 1973.
According to Section 397, a person can apply for a revision of any order made in any criminal proceeding if he considers himself aggrieved by the order. The revision can only be sought if the order is considered to be illegal or improper. The power of revision under Section 397 is exercised by the High Court in cases where the subordinate court has passed an order in a criminal proceeding.
6. Appeal in Criminal Law
In criminal law, appeal is a legal remedy that allows a party to challenge the correctness of a judicial order passed against them. The procedure for filing an appeal in criminal law is provided under Section 372 to Section 376 of the Code of Criminal Procedure, 1973.
According to Section 372, an appeal lies from every conviction, sentence, or order of any Criminal Court, except in cases where the sentence is a sentence of death or of transportation for life or of imprisonment for life. In other words, an appeal can be filed in a higher court if the subordinate court has passed a conviction, sentence, or order in a criminal proceeding, except in cases where the sentence is a sentence of death, transportation for life, or imprisonment for life.
Conclusion
In conclusion, Review, Revision, and Appeal are different remedies available in the Indian legal system to challenge the correctness of a judicial order passed against a party. The procedure for filing each remedy and the scope of their powers differ in civil and criminal law. It is important to understand the differences and limitations of each remedy to effectively navigate the Indian legal system and seek justice.
Difference between Review, Revision and Appeal?
In the Indian legal system, Review, Revision, and Appeal are different remedies available to parties who have been aggrieved by a judicial order.
- Review: Review is a legal remedy that allows a party to challenge the correctness of a judicial order passed against them. It is filed in the same court that passed the order and can only be sought on the grounds of discovery of new and important matter or evidence, which was not within the knowledge of the applicant or could not be produced by them in the original proceedings.
- Revision: Revision is a legal remedy that allows a superior court to examine the legality and propriety of an order passed by a subordinate court. It is filed in a higher court and can be sought on the grounds of error of law or of fact, which is apparent on the face of the record.
- Appeal: Appeal is a legal remedy that allows a party to challenge the correctness of a judicial order passed against them. It is filed in a higher court and can be sought on various grounds such as error of law, error of fact, or even to re-examine the evidence and facts that were considered by the lower court.
In conclusion, Review, Revision, and Appeal are different remedies available to parties who have been aggrieved by a judicial order. Review is filed in the same court that passed the order and can only be sought on the grounds of discovery of new and important matter or evidence, while Revision is filed in a higher court and can be sought on the grounds of error of law or of fact. Appeal is also filed in a higher court and can be sought on various grounds such as error of law, error of fact, or to re-examine the evidence and facts. It is important for parties to understand the differences between these remedies in order to choose the appropriate remedy that best suits their needs.
Comparison Table: Review, Revision, and Appeal in Civil and Criminal Law
| Criteria | Review in Civil Law | Revision in Civil Law | Appeal in Civil Law | Review in Criminal Law | Revision in Criminal Law | Appeal in Criminal Law |
|---|---|---|---|---|---|---|
| Legal Basis | Section 114 CPC 1908 | Section 115 CPC 1908 | Sections 96-105 CPC 1908 | Section 362 CrPC 1973 | Sections 397 & 401 CrPC 1973 | Sections 372-376 CrPC 1973 |
| Grounds | Discovery of new evidence | Jurisdiction errors or illegalities | Substantial question of law | Clerical or arithmetical errors | Illegality or impropriety of the order | Conviction, sentence, or order |
| Nature of Proceedings | Summary, not for re-adjudication | Legality and propriety check | Challenge to judicial order correctness | Limited to clerical/arithmetic errors | Legality and propriety check | Challenge to judicial order correctness |
| Appealability | Limited scope, not a substitute for appeal | High Court review of lower court decisions | Filed in High Court | Not applicable | High Court review of criminal proceedings | Filed in a higher court |
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FAQs on Review, Revision, Appeal in CPC and CrPC
- What is a review in civil law? A review in civil law is a legal remedy that challenges the correctness of a judicial order. It is applicable when new evidence is discovered that was not previously available. It’s governed by Section 114 of the Code of Civil Procedure, 1908​​.
- What does an appeal in criminal law involve? An appeal in criminal law allows a party to challenge a judicial order. It’s applicable for every conviction, sentence, or order, except in cases of death, transportation for life, or life imprisonment sentences. This is outlined in Sections 372 to 376 of the Code of Criminal Procedure, 1973​​.
- How does revision differ in civil and criminal law? In civil law, revision allows a superior court to examine the legality of a subordinate court’s order (Section 115, CPC, 1908). In criminal law, it enables the High Court to review orders for legality or propriety (Sections 397 and 401, CrPC, 1973)​​.
- Can the scope of a review extend to re-examination of evidence? No, the scope of a review, both in civil and criminal law, is limited and does not include re-examination of evidence or re-appreciation of facts already considered. Reviews are meant to correct judicial errors, not to re-adjudicate matters​​.
- What constitutes a substantial question of law for an appeal in civil law? A substantial question of law in an appeal in civil law is a prerequisite for an appeal to the High Court. This applies when a subordinate court has passed a decree in appeal and is covered under Section 96 of the CPC, 1908​​.
- How does the Indian legal system ensure fairness in judicial orders? The Indian legal system employs review, revision, and appeal mechanisms in both civil and criminal law to ensure fairness. These processes allow for the challenge and correction of judicial orders, ensuring that justice is served and errors are rectified​​.
- What is the difference between review, revision, and appeal? Review, revision, and appeal are legal remedies in the Indian legal system for challenging judicial orders in civil and criminal law. A review challenges the correctness of a judicial order based on new evidence or matters. Revision involves a superior court examining the legality of an order by a subordinate court. An appeal allows a party to challenge a judicial order, typically at a higher court level​​.
- Can review proceedings be used as a substitute for an appeal? No, review proceedings, whether in civil or criminal law, are not intended to be a substitute for an appeal. They are summary in nature, designed to correct judicial errors in the original proceedings, without re-adjudicating the matter afresh​​.
- What are the conditions for filing a revision in civil law? A revision in civil law can be filed under Section 115 of the CPC, 1908, when a subordinate court has exercised jurisdiction not vested in it, failed to exercise a jurisdiction so vested, or acted illegally or with material irregularity in its jurisdiction​​.
- How is an appeal in criminal law different from civil law? In criminal law, appeals are generally filed against convictions, sentences, or orders of criminal courts, excluding cases of death, transportation for life, or life imprisonment. In civil law, appeals often involve substantial questions of law and are directed against decrees passed in appeal by subordinate courts​​.
- What is the role of the High Court in the revision process under criminal law? Under criminal law, the High Court exercises its revisional powers, as outlined in Sections 397 and 401 of the CrPC, 1973, to examine the legality or propriety of orders passed in criminal proceedings by subordinate courts​​.
- Can a party file for both review and appeal on the same order? Typically, a review is sought when no appeal has been preferred, even though an appeal is allowed. This means a party usually opts for either a review or an appeal, depending on the specific circumstances and legal strategy​​.
- What are the grounds for seeking a review in civil law? The grounds for seeking a review in civil law include the discovery of new and important matter or evidence that was not within the applicant’s knowledge or could not be produced by them at the time when the decree or order was passed.
- What is the process for filing an appeal in civil law? The process for filing an appeal in civil law is outlined in Sections 96 to 105 of the CPC. An appeal lies to the High Court from any decree passed by a subordinate court if the case involves a substantial question of law. The appeal must be filed within the prescribed time limit and in the manner specified under the CPC.
- What are the limitations of a review in civil law? A review in civil law is limited in scope and does not allow for re-examination of evidence or re-appreciation of facts. It is not a substitute for an appeal and is intended to correct judicial errors that occurred in the original proceedings.
- Can an appeal be filed in criminal law for all types of orders? No, an appeal in criminal law cannot be filed for all types of orders. According to Section 372 of the CrPC, an appeal lies from every conviction, sentence, or order except in cases where the sentence is a sentence of death, transportation for life, or imprisonment for life.
- What is the difference between an appeal and a revision in criminal law? An appeal in criminal law allows a party to challenge the correctness of a judicial order on various grounds such as error of law, error of fact, or re-examination of evidence. A revision, on the other hand, allows a superior court to examine the legality and propriety of an order passed by a subordinate court, focusing on correcting jurisdictional errors or illegalities.
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