What is the difference between Appeal and Revision? Discuss. Does appeal lie in every case?

Question: What is the difference between Appeal and Revision? Discuss. Does appeal lie in every case?

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Answer

An appeal is a continuation of a suit or proceedings wherein the entire proceedings are again left open for consideration by the appellate authorities, who have the power to review the entire evidence subject to the prescribed statutory limitations. But in the case of revision, whatever powers the revisional authority may have, it has no power to reassess and reappreciate the evidence unless the statute expressly confers on it that power. That limitation is implicit in the concept of revision.

The Hon’ble Supreme Court has clearly made the distinction between Appeal and Revision through various judicial pronouncements.

As early as in Associated Cement Co. Ltd v. Keshavanand, AIR 1998 SC 596,

the court observed that Appellate jurisdiction is co-extensive with the original Court’s jurisdiction for appraisal and appreciation of evidence and reaching conclusions on facts. The appellate Court is free to reach its own conclusion on evidence untrammelled by any finding recorded by the trial Court.

On the other hand, Revisional powers belong to a superior Court’s supervisory jurisdiction. While exercising revisional powers, the Court has to confine itself to the legality and propriety of the findings and whether the subordinate Court has kept itself within the bounds of its jurisdiction, including whether the Court has failed to exercise the jurisdiction vested in it. Though the difference between the two jurisdictions is subtle, it is quite real and has now become well recognized in legal provinces.

The Court in the case of Hari Shankar v. Rao Girdhari Lal Chowdhury, AIR 1963 SC 698, had an occasion to consider the question of the distinction between an appeal and a revision and Hidayatullah, J. (as he then was ) speaking for the Court observed at page 939 of the report as follows:-

“The distinction between an appeal and revision is a real one. A right to appeal carries with it the right of re-hearing on the law as well as fact unless the statute conferring the right to appeal limits the re-hearing in some way as we find has been done in the second appeal arising under the Code of Civil Procedure. The power to hear a revision is generally given to a superior court so that it may satisfy, itself that a particular case has been decided according to law.”

A right of Appeal is not a natural or inherent right. It is a statutory right and must be governed by the statute which grants it. An appeal doesn’t lie in every criminal case as Section 372 of CrPC clearly provides, no appeal lies except otherwise provided by the Code or by any other law for the time being in force. Under Articles 132, 134, and 136 of the Constitution of India, it may be possible to present an appeal to the Supreme Court against the order of acquittal passed by the High Court.

Section 375 and section 376 of the Criminal Procedure Code are exceptions to sections 374, elaborated as follows.

• Section 375 CrPC – No Appeal in Certain Cases Where the Accused Pleads Guilty

If the accused pleads guilty at High Court and the court takes the plea on record and convicts the person, then no appeal shall lie.

• Section 376 CrPC – No Appeal in Case of Petty Cases

No appeal shall lie in the case of petty cases. Petty cases differ from court to court. The following are considered petty cases:

1. In case of High Court– Imprisonment up to 6 months, fine of Rs 1000 or both.
2. In case of Court of Session– Imprisonment up to 3 months, fine of Rs 200 or both.
3. In case of Metropolitan Magistrate– Imprisonment up to 3 months, fine of Rs 200 or both.
4. In the case of Judicial Magistrate I– Fine of Rs 100.
5. In case of Magistrate empowered under section 260 of the Criminal Procedure Code– Fine up to Rs 200.

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