Appeal Reference Revision

Appeal

The term "appeal" under section 372 refers to the right to take a specific matter from a lower court
to a higher court to determine whether the ruling is valid. An appeal is a statutory entity that exists
only where specifically provided for. In layers, an appeal is described as a pa lea application
submitted to a higher court to review the judgment of the lower court. Such an application is a legal
process, and it cannot be brought to the same court as the trial court, but rather to a higher court.
An appeal adds time and money to the eventual disposition of the case. As a result, while the right of
appeal is essential to fair procedure, natural justice, and normative universality, the Code, as a
policy, wants to enable it only in the situations mentioned.

An aggrieved person, for example, can submit an appeal against a Magistrate Court judgment to the
State High Court, an appeal against a High Court decision to the Court of Appeal, and so on to the
Supreme Court. The Supreme Court's ruling is final, and there is no further appeal. the aggrieved
person convicted of a crime, but the lower court failed to impose the mandatory punishment
imposed by law for such a crime. As a result, only a person impacted or offended by a court
judgment may file an appeal. (In the case of Satya Pal Sigh vs State of Madhya Pradesh)

Sections 372–394 of the Code control Appeal. Each of these areas will be given due consideration.
But, before we get into it, it's worth noting that in criminal cases, an appeal can either be used to
overturn the lower court's judgment or to uphold the ruling and reduce the term or conviction.

"No appeal shall lie from any judgment/order of a criminal court except as provided by the Code or
by any other law," states Section 372 of the Code. In 2008, Section 372 was changed as follows:
Amendment to Section 372 (Victim's ability to appeal any unfavorable order issued by the trial
Court)

 Section 372, "Provided that the victim shall have a right to prefer an appeal against any
order passed by the Court acquitting the accused or convicting for a lesser offense or
imposing inadequate compensation, and such appeal shall lie to the Court to which an
appeal ordinarily lies against the order of conviction of such Court"

 Section 374 allows for appeals from court convictions. It states that convictions may be
appealed from the High Court to the Supreme Court. For a conviction that is more than
seven years old, an appeal from a Court of Sessions to the High Court is also possible. An
appeal shall lie from the Magistrate Court to the Session in certain cases provided under
section 325.

 Section 375 If an accused person pleads guilty and is convicted on such plea, there shall
be no appeal (a) if the conviction is by a High Court, or (b) if the conviction is by a
Sessions Court, Metropolitan Magistrate, or Magistrate of the first or second class,
except as to the extent or legality of the sentence.

When a person is convicted by any of you based on his guilty plea, he cannot and should
not have any complaint against the conviction and, as a result, is not entitled to appeal
from such conviction. The accused, on the other hand, can argue that his conviction was
 unconstitutional. A plea of guilty gained via deception is not a plea of guilty, and the
accused has the right to prove to the court that there was no plea of guilty.

 Section 376 states that there will be no appeals for minor offences. Petty crimes are
those that are classified as simple offences or misdemeanors. Petty cases are convictions
by the High Court for a period of imprisonment of no more than six months or a fine of
no more than 1000 rupees.

A Metropolitan Magistrate conviction for a sentence of not more than three months or a
fine of not more than 200 rupees; and a Magistrate conviction for a fine of not more
than 100 - 200 rupees.

 Section 377 covers appeal by the State government on the sentence or conviction that
bothers on the ground of inadequacy.

 Section 378 covers appeal in cases of acquittal. In such instances, the cases can only be
entertained or heard with the leave of the court.

The Appellate Court established the basic criteria for appeals against acquittals in
Chandrappa vs. the State of Karnataka. The following are the principles:

 Where the facts of the case are incorrect and have resulted in a miscarriage of
justice. In this case, an appeal on the acquittal can be held. Thus, in Bhagirath,
35 CR LJ 1367, the premise was established.
 In a case where the trial court failed to distinguish between an undeniable
conclusion from the circumstances of the case and Raothula 40 CRLJ 458, for
example.
 When the trial court fails to consider key evidence in adjudicating the case,
resulting in an incorrect ruling or a miscarriage of justice. For instance, see
Dharnadas, A1960 SC 734.
 When the facts of the case tendered were erroneously rejected as evidence by
the trial court. An instance is Dhulaji, A1963G 234.

 Section 379 provides for an appeal against the sentence or conviction of the High Court
in cases such as:

 A life imprisonment
 An imprisonment for ten years or more
 A death sentence

 In such instances, an appeal shall lie directly to the Supreme Court Other sections about
Appeal not discussed are the stipulations and provisions of the procedures and timeline
for appeal by an aggrieved person to various courts.
Reference

The reference under section 395 is merely an application made by the trial court to the High Court
for interpretation of an issue related to an Act, Legislation, or Regulation. Reference may be
described as the terminology used to obtain various information from the trial Court in order to
submit an application for an explanation of the relevant legislation, act, or regulation. The Court has
the authority to refer cases. Where matters are transferred by Subordinate Courts, the High Court
has the power of reference. Reference can be made to the High Court under Section 395 if the
matter is pending and there is a doubt concerning any of the Acts, Regulations, Ordinances, or
Provisions that are required to determine how to dispose of a case.

The court believes that the law/legal provision is unlawful or ineffective, but this has not been
proclaimed by the High Court to which it is subject or by the Supreme Court (Sec.395(1)).

While making such a reference to the High Court, the lower court must describe the facts and
reasoning for its decision. A simple plea submitted by a party disputing the law's validity is
insufficient; what is necessary is the court's satisfaction that a real and significant doubt concerning
the law's validity is involved.

A Court of Session or a Metropolitan Magistrate may refer any point of law arising in the hearing of a
case standing before such court or Magistrate to the High Court for determination [Sec. 395(2)].

 Section 395

A reference occurs when a case is before a trial court and involves a question about the
legitimacy of any rule, ordinance, or act, or any part of the act, that is required for the
resolution of a criminal case. Such an act, rule, or ordinance may be ineffective or invalid,
but the Higher Court, such as the Supreme Court or the High Court, has not proclaimed it so.

As a result, the lower or trial court must refer its cause or opinion to the High Court. Such
opinions or arguments may serve as the foundation for the court's ruling. In such
circumstances, the offender may be imprisoned or freed on bond pending a reversal of the
higher court's decision.

 Section 396

The matter was resolved in accordance with the High Court's ruling. When the matter is thus
referred, the High Court shall pass such an order as it deems proper and may also transmit a
copy of such an order to the lower court, which shall dispose of the case in accordance with
the said order. The high court may also order that the expense of such a referral be
reimbursed.

Revision

In circumstances where no appeal is given by law, or if the appeal remedy has failed to ensure fair
justice for whatever reason, the Code allows for another type of review procedure, namely 'revision.'
The Sessions Court and the High Court have been given broad discretionary powers for this purpose.
While providing for comprehensive revision powers to ensure the accuracy, constitutionality, and
propriety of criminal court decisions, the Code has also taken care to ensure that this review
mechanism does not make the judicial process overly onerous, costly, or dilatory.

“The revisional powers are supervisory in nature under which a court of revision is to see that
justice is done by the recognized rules of criminal jurisprudence and the subordinate courts do not
exceed their jurisdiction or abuse their powers and there are no unfettered powers for re-
appraisal of evidence”.

Usually, the High Court has the authority to re-review a matter that has been decided by lower
courts; this authority is not the same as an appeal; the High Court has the authority to decide
whether or not to consider a case. The goal of a revision is to re-assure that the lower court's legal
processes were followed correctly while issuing the judgement. Revision before a higher court is
subject to Revisional Jurisdiction.

The provisions of revision are addressed under Sections 397 to 402 of the CrPC. Higher Courts have
the authority to revise decisions. It is included in the code to act as a check and to guarantee that
the High Court has the authority to ensure that the rules and laws serve justice. The change assures
that the Court does not abuse its authority or extend its jurisdiction, as the Code requires.

The ability of the higher court to revise a decision is discretionary, and as such, it does not bestow or
impose on the higher court the need to review every decision presented before it. The Supreme
Court ruled in Pranab Kumar v. the State of West Bengal that revision powers are not a right given
on the plaintiffs.

It is included in the code as a check and to guarantee that the High Court has the authority to verify
that the rules and laws serve justice. Revision guarantees that the court does not abuse its authority
or go beyond the scope of its jurisdiction as defined by the Code.

No Revision of Interlocutory Orders

The powers of revision granted by Section 397(1) are not to be employed in relation to any
interlocutory order issued in any appeal, inquiry, trial, or other procedure (Section 397(2)). An
'interlocutory order' is a merely interim/temporary order that does not decide or affect the parties'
significant rights or liabilities. It is a preliminary order issued at the earliest phases of an
investigation/trial.

No Further Application for Revision after One Application

Sec. 397(3) states that if a person files an application for revision with either the High Court or the
Sessions Judge, neither will hear another application from the same individual. Thus, if a revision
against a Magistrate's order is dismissed by the Sessions Court, the same person's second review in
the High Court is banned by law.

Revision is defined under, Sections (397–402) of the Criminal Procedure Code

 Section 397: The court has the power to call for the record of the proceedings of its court or
any inferior courts.
 Section 398: Upon examining the record of proceedings, the judge has the right to order an
inquiry into the decision of a case.
 Sections (399 – 400): The Sessions Judge has the power to revise any decision and may call
additional Sessions Judges to revise the decision.
 Section 401: The High Court has the power to modify cases before it or before the lower or
inferior courts.
  Section 402: The High Court is also empowered to transfer or withdraw the revision cases.

Difference between an Appeal, Reference, and Revision

APPEAL REFERENCE REVISION

It is defined under Chapter It is defined under Chapter It is defined under Chapter

XXIX of the Criminal XXX of the Criminal XXX of the Criminal
Procedure Code. Procedure Code. Procedure Code.

It is defined from Section It is defined from Section It is defined from Section

372- 394 of the Criminal 395-396 of the Criminal 397-402 of the Criminal
Procedure Code. Procedure Code. Procedure Code.

An appeal is made to the Reference is made to the Revision is made to both

higher court on the points higher court on the points of higher and lower courts on
of the fact and laws. the law. the already adjudicated
matters.

The Appeal begins with the The Reference occurs while The revision begins under
determination of the case. the case is still pending in the final judgment final
court. order or final decision of the
court.

An appeal or petition is to Reference is to consult the Revision is to review, change

be filed against the High Court on insolvency or or amend any grammatical,
decision passed by the invalid law, act, regulation, clerical, or arithmetic error
lower court. or ordinance related to the by a trial court or high court.
case at hand.

In some cases, an appeal Reference is made by the The revision can be initiated
can be filed with leave of trial court to the High Court. by the trial court suo moto
the court by an aggrieved or the High Court.
person or accused.

Case laws under Reference and Revision and Appeal

Hari Shankar vs. Rao Ghari Chowdhury

 In this case, the Supreme Court distinguished between revision and appeal.
  The court determined that there is a genuine distinction between revision and
appeal. The right to appeal includes the right to a re-hearing on both laws and facts
unless the legislation limits the right to appeal in some way.

 The supreme court is often granted the power of revision so that it can convince
itself that the decision delivered in the particular case is in accordance with the laws.

Mohd. Afzal vs. Noor Nisha Begum on 5 February 1997

o In this instance, the court decided that it is obligatory for the Sessions Judge to use
the power of revision, and it is established law, that the accused or the specified
person be given an opportunity to be heard.

Amit Kapoor vs. Ramesh Chander & Anr

o In this case, the court ruled that the Court's power under Section 397 may be used
to investigate the legality, accuracy, or appropriateness of an order or decision
issued by the lower court or any lower court. This clause does not expressly state
that its purpose is "to prevent abuse of the court's process and to guarantee
justice," and its authority is extremely limited. Jurisdiction can be exercised when
there is an error, when there is a failure to comply with the provisions of the law,
when the decision is incorrect in character, or when judicial discretion is used
arbitrarily.

Conclusion

An appeal, a reference, and a revision are all legal terminology that all have the same purpose: to
guarantee that justice is done.

An appeal allows an aggrieved person or accused person to petition the higher court concerning his
or her case, whereas a reference allows the higher court to confer on issues of law about an ongoing
case. Revision, on the other hand, is the examination or correction of an error made after the final
decision has been issued.

These are the distinctions that the Code makes between the three.