A criminal revision is an application to a higher court to examine the legality and propriety of an order passed by a lower court in a criminal matter. It is one of the most important remedies available in Bangladesh criminal law, allowing parties to correct errors of law and jurisdiction without going through a full appeal. TRW — Tahmidur Rahman Remura Wahid Law Associates files criminal revisions before the Sessions Court and the High Court Division with precision and legal expertise.
Legal Basis for Criminal Revision
Criminal revision is governed by Sections 435-439A of the CrPC. Section 435 empowers the Sessions Court to call for and examine the record of any proceeding before any inferior criminal court. Section 439 empowers the High Court Division to exercise similar powers of revision over all criminal courts subordinate to it. The revisional court can modify, set aside, or alter any order passed by the lower court if it finds that the lower court has exercised jurisdiction illegally or with material irregularity, or has failed to exercise jurisdiction vested in it.
The key distinction between revision and appeal is that revision is not a re-hearing of the case on merits — it is a supervisory jurisdiction to correct errors of law and jurisdiction. TRW's lawyers identify the specific legal errors in the lower court's order and present them clearly and concisely to the revisional court.
Grounds for Criminal Revision
Criminal revision can be filed on the following grounds. The lower court exceeded its jurisdiction. The lower court failed to exercise jurisdiction vested in it. The lower court committed an error of law that has resulted in injustice. The lower court's order is perverse or contrary to the evidence on record. The lower court failed to consider relevant evidence or legal provisions. The lower court's procedure was irregular in a way that has caused prejudice. TRW identifies the most compelling grounds for revision in each case and presents them in a focused and persuasive manner.
The Criminal Revision Process
The criminal revision process involves the following steps. TRW obtains certified copies of the lower court's order and judgment. TRW prepares a revision petition setting out the grounds for revision and the relief sought. The petition is filed before the Sessions Court (for revision of Magistrate orders) or the High Court Division (for revision of Sessions Court orders or any criminal court order). The revisional court issues a rule nisi or notice to the opposite party. TRW appears at the hearing and argues the revision. The court either allows the revision (modifying or setting aside the lower court's order) or dismisses it. See our guide on taking a matter to the High Court.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's criminal law team have filed and argued criminal revisions before the Sessions Court and the High Court Division in a wide range of cases. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: What is the difference between criminal revision and criminal appeal?
A: An appeal is a re-hearing of the case on merits. A revision is a supervisory jurisdiction to correct errors of law and jurisdiction.
Q: Can the prosecution file a criminal revision?
A: Yes. Both the prosecution and the defence can file criminal revisions.
Q: Is there a time limit for filing a criminal revision?
A: Yes. The Limitation Act 1908 prescribes time limits for revisions. TRW advises on the applicable limitation period in each case.
