Criminal Revision - Legal Drafting in English

Download 13 Criminal Revision templates under CrPC, including 397/401 revisions, Section 482 quashing, 156(3) challenges, summons, and allied applications.

Quick Overview

This Criminal Revision collection offers 13 drafting templates focused on revisional and inherent jurisdictions under the CrPC, including formats for revisions under Sections 397/401, challenges to 156(3) rejections, magistrate summons, and Section 482 petitions for quashing FIRs, orders, or complaints. The documents support litigants and practitioners in selecting between revision and Section 482 based on legality, propriety, and abuse-of-process standards, while also covering key trial safeguards such as applications linked to Section 313 CrPC. Each template is designed for Indian criminal practice and can be customized to the facts, forum, and applicable precedents.

All templates are provided for reference and should be reviewed by legal professionals before use.

FAQs

What is a criminal revision under Sections 397/401 CrPC?

Criminal revision lets the High Court or Sessions Judge examine records of a subordinate criminal court to correct legality, propriety, or regularity of orders, within the limits of revisional jurisdiction.

When should one file a revision instead of an appeal?

If no appeal lies but there is a clear legal error, perversity, or procedural irregularity in a lower court order, a revision under Sections 397/401 may be appropriate.

Can Section 482 CrPC be used to quash an FIR or proceedings?

Yes, High Courts may exercise inherent powers under Section 482 to prevent abuse of process or secure the ends of justice, including quashing FIRs or complaints in appropriate cases.

Does Section 482 allow quashing after a charge sheet is filed?

High Courts can quash even after a charge sheet if allegations don’t disclose an offence or evidence is inherently improbable, per established guidelines.

Can 156(3) CrPC rejections be challenged?

Unlawful rejection of an application under Section 156(3) can be assailed via revision or an appropriate Section 482 petition depending on facts and the nature of the order.

Are interlocutory orders revisable?

Section 397(2) bars revision against interlocutory orders; parties cannot use Section 482 merely to circumvent this bar, save in rare cases to prevent abuse or secure justice.

What is the scope of Section 313 CrPC in trials?

Courts must put incriminating evidence to the accused for explanation; it’s a fair-trial safeguard, and omissions require showing actual prejudice to vitiate proceedings.

What are typical grounds for criminal revision?

Illegality, material irregularity, lack of evidence supporting findings, omission of relevant evidence, or arbitrary use of discretion are common grounds.

Can a second revision be filed?

A fresh revision may lie against a fresh order passed after remand by a revisional court; the bar under Section 397(3) won’t apply to such a new order.

What should a Section 482 petition include?

State concise facts, legal grounds showing abuse of process or that no offence is disclosed, and rely on quashing principles from precedent like Bhajan Lal.