What is the difference between revision and appeal?

Appeal is a right — any convicted person can appeal; the appellate court re-examines the evidence and law. Revision is discretionary — the supervisory court decides whether to examine the record; it focuses on correctness, legality, and propriety rather than re-hearing. Revision covers situations where appeal is not available.

Can I challenge a bail refusal order by revision?

Yes — bail refusals can be challenged through revision under Section 397, since they are not appealable as final orders. The Sessions Court or High Court can revise a Magistrate's bail order.

Section 397 — Calling for Records to Exercise Powers of Revision | Code of Criminal Procedure | LawCodeHub

Section 397(1): The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record. Section 397(2): The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.

Explanation

Section 397 is the revision jurisdiction — the supervisory power of High Courts and Sessions Courts over inferior criminal courts. Revision differs from appeal in crucial ways: (1) revision is discretionary — there is no right to revision, unlike the right to appeal; (2) the revisional court examines the record for correctness, legality, or propriety — a broader inquiry than appeal which is confined to points raised; (3) revision can be exercised suo motu (on the court's own motion) — the court can call for records without any party filing; (4) revision cannot be used against interlocutory orders (orders made during proceedings that do not finally decide anything) — Section 397(2) bars this. The practical importance of revision: it allows correction of errors in cases where no appeal lies (acquittals where the state has not appealed; orders below the appellate threshold), and enables supervisory oversight of the entire subordinate court system. Revision is particularly important for challenging bail refusals, discharge orders, and procedural irregularities where appeal is not available.

Calling for Records to Exercise Powers of Revision

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