Is there review under CrPC?
The provisions regarding the power of review with the higher courts and the procedure to regulate the power are contained under Section 397 to Section 405 of the Code of Criminal Procedure. Therefore no party can claim it as a matter of right to be heard before the court with revisional jurisdiction.
Can a criminal case be reviewed?
1. The Court may review its judgment or order, but no application for review will be entertained in a civil proceeding except on the ground mentioned in Order XLVII, rule 1 of the Code, and in a criminal proceeding except on the ground of an error apparent on the face of the record.
What is CrPC revision?
According to Section 397 of CrPC, revision petition can be filed to check the irregularity or correctness of any particular finding, order or sentence passed by any lower court, then the Court might call for such record or finding or the Court may direct the execution of any sentence or order to be suspended and if the …
What is Criminal Law Review?
It provides information on challenging a decision to prosecute, challenging a decision not to prosecute, challenging a decision not to terminate an investigation (a decision to continue an investigation) (such as in the case of Soma v DPP), challenging a decision to caution and challenging a decision taken after the …
What is difference between review and revision?
1. Review means to reconsider, to look again or to re-examine. In legal sense, it is a judicial re-examination of the case by the same court and by the same Judge. Revision means the high court is revising the judgement of any case decided by a subordinate Court in certain circumstances.
What is appeal review revision under CrPC?
An Appeal is to plea or petition against the decision passed by the lower court. Revision is to revise, review, alter or amend a grammatical, clerical or arithmetical error by the trial court or a higher court. An Appeal can be filed by an aggrieved person or the accused with the leave of the court in certain cases.
On what grounds a review is allowed?
The grounds of review may be the discovery of new and important matter or evidence, some apparent mistake or error on the face of the record or any other sufficient reason.
What is criminal review petition?
The parties aggrieved on any order of the Supreme Court on any apparent error can file a review petition. Article 137 of the Constitution provides that subject to provisions of any law and rule made under Article 145 the Supreme Court of India has the power to review any judgement pronounced (or order made) by it.
What is reference and revision in CrPC?
Reference lies to the higher court on points of law. Revision lies to both the lower court and the higher court on already adjudicated matters. Revision starts under the final judgment or final order or final decision of the court. An Appeal is to plea or petition against the decision passed by the lower court.
What is meaning of revision in law?
Revision is the re-examination of legal actions. They may be some assumptions made illegally, non-exercise or exercise of jurisdiction irregularly by a lower court. In this case,, therefore, a higher court reexamines the decisions made by a lower court to know whether all the legal actions were exercised.
What do you understand by review in law?
Review: Meaning of the term in the legal world. Review means when the court re-examines the decisions made by itself, the examination of any legislation made by the government or any act of the administrative organizations; it rectifies the error in an act, judgment, or legislation.
What does revision mean in Criminal Procedure Code?
Revision is to revise, review, alter or amend a grammatical, clerical or arithmetical error by the trial court or a higher court. An Appeal can be filed by an aggrieved person or the accused with the leave of the court in certain cases.
What are the sections of the Criminal Procedure Code?
The Sections provides as follows: Section 397 – the Court has the power to call for the record of proceedings of its court or any inferior courts. Section 398 – Upon examining the record of proceedings, the Judge has the right to order for an inquiry into the decision of a case.
When is there no appeal under Criminal Procedure Code?
Section 375 stipulates that there shall not be any appeal in any case where the accused pleaded guilty and was convicted on that plea especially if the conviction is by a High Court, Magistrate Court or Court of Sessions except if the appeal bothers on the legality or extent of the conviction or sentence.
What is the procedure for review under CPC?
Order XLVII in the Code of Civil Procedure, 1908 (CPC) together with Section 114 of the Act, provides the procedure for Review. Section 114 merely produces the conditions necessary for the filing the application for Review to the ‘court’ by which decree or order, sought to be reviewed under the application, was passed or made.