Revision and Reference (ss.436–445 BNSS) — BNSS (Criminal Law II) Notes

Revision and Reference (ss.436–445 BNSS)

Not every wrong order can be appealed — some are interlocutory, some petty. So the law gives the higher courts a supervisory eye: revision, to correct illegality or irregularity in a subordinate court’s order, and reference, by which a lower court asks the High Court to decide a question of law it doubts.

A. Revision (ss.438–442 [ss.397–401 CrPC])

Power to call for records (s.438 [s.397 CrPC]). The High Court or the Sessions Judge may call for and examine the record of a subordinate court to satisfy itself as to the correctness, legality or propriety of any finding, sentence or order.
Bar on interlocutory orders (s.438(2)). No revision lies against an interlocutory order.
No revision where an appeal lies (s.439 [s.401(4)]). Revision is a discretionary, supervisory remedy; a party who could have appealed cannot use revision instead.
Powers (s.442 [s.401 CrPC]). The revisional court has the powers of an appellate court, but cannot convert an acquittal into a conviction on its own (it may order a re-trial).

B. Reference (s.436 [s.395 CrPC])

Where a court is satisfied that a case involves a question as to the validity of an Act, Ordinance or Regulation (or a serious question of law), it may state the case and refer it to the High Court for decision.

⚠️ DON’T CONFUSE — appeal v. revision v. reference

Appeal — a right (where the statute gives it), a re-hearing on facts and law, moved by the aggrieved party. Revision — a discretionary, supervisory power of the High Court/Sessions Judge to correct illegality; no revision where an appeal lies, and it cannot turn an acquittal into a conviction. Reference — a subordinate court itself sends a question of law (usually the validity of a law) up to the High Court. Appeal = party’s right; revision = court’s discretion; reference = court’s own doubt.

🧩 WORKED EXAMPLE — revision instead of appeal

Facts. A convict who had a right of appeal lets it lapse and files a revision instead.

Rule. Section 439 bars revision where the party could have appealed.

Apply. He cannot use revision to bypass the appeal he neglected.

Conclusion. The revision is not entertainable; revision is not a substitute for a lost appeal.

Section 438(1) BNSS: “The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court… for the purpose of satisfying itself… as to the correctness, legality or propriety of any finding, sentence or order… and as to the regularity of any proceedings of such inferior Court.”

In Simple Terms: A higher court may pull up a lower court’s record to check whether its order was legal and proper — the essence of revision.

flowchart TD
    ROOT["Supervisory remedies"]:::root
    ROOT --> A["Revision ss.438-442<br/>HC/Sessions check legality/propriety"]:::leaf
    A --> A1["No revision if appeal lies;<br/>no acquittal to conviction"]:::sidebox
    ROOT --> B["Reference s.436<br/>lower court refers question of law to HC"]:::leaf
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    classDef sidebox fill:#FDE7C9,stroke:#B45309,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Case Laws

Amit Kapoor v. Ramesh Chander (2012) — the scope of revisional jurisdiction; it is supervisory and not a second appeal on facts.
Akalu Ahir v. Ramdeo Ram (1973) — a revisional court will not ordinarily convert an acquittal into a conviction; it may order re-trial.

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