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Criminal Revision Format India — Templates & Samples

Criminal Revision is a legal remedy to challenge incorrect, illegal, or improper orders passed by subordinate criminal courts. Governed by Section 439 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, it ensures judicial accountability. Download Criminal Revision templates and samples to draft court-ready revision petitions.

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What is Criminal Revision?

Criminal Revision is a statutory remedy that allows a higher court to examine the legality, correctness, or propriety of an order passed by a subordinate criminal court. It is governed by Section 439 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaces Section 397 of the old CrPC. Unlike an appeal, which is a continuation of the original suit, a revision is an independent exercise of supervisory jurisdiction by the Sessions Court or the High Court.

Under Section 439 of BNSS, the revisional court can call for and examine the record of any subordinate court. However, the court cannot convert a revision into an appeal. The primary objective is to ensure that subordinate courts act within their jurisdiction and follow the correct procedure. If an order is found to be illegal or improper, the revisional court can alter or reverse it under Section 439(2) of BNSS.

Any person aggrieved by a subordinate court's order - whether the accused, the complainant, or the state - can file a revision. It is crucial to note that revision does not lie against an interlocutory order (an order that does not decide the case finally), as barred by Section 439(2) of BNSS. Understanding what is criminal revision in Indian law is essential for correcting judicial errors without filing a full appeal.

When This Format Required?

Challenging Bail Denial: When a lower court rejects an accused's bail application without proper application of mind, a revision before the Sessions or High Court is necessary.

Opposing Unjust Bail: When a serious offender is granted bail arbitrarily, the State or complainant must file a revision to cancel the bail order.

Quashing Charge Framing: When a magistrate frames charges despite a lack of prima facie evidence, the accused must file a revision to set aside the order.

Contesting Discharge Orders: When a magistrate wrongly discharges an accused despite strong evidence, the prosecution must file a revision to restore the charges.

Correcting Jurisdictional Errors: When a subordinate court passes an order without territorial or subject-matter jurisdiction, a revision is mandatory to void the illegal order.

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Quick Overview

Criminal Revision in India is governed by Section 439 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Revision petitions do not require traditional stamp paper, but court fees must be paid as per state rules. Notarisation is mandatory for the supporting affidavit. Common uses include challenging bail rejections, discharge orders, or framing of charges. These drafts typically run 3 to 10 pages.

Step-by-Step Guide

  1. 1

    1. Identify the Maintainability and Correct Forum

    Verify that the order is not an interlocutory order under Section 439(2) of BNSS. Determine the correct forum: the Court of Session for Magistrate orders, or the High Court for Sessions Court orders. Filing in the wrong court will lead to dismissal.

  2. 2

    2. Compile the Case History and Impugned Order

    Provide a concise table of dates and events. Clearly state the FIR number, charge sheet details, and the exact date of the impugned order. Attach a certified copy of the order being challenged as Annexure A1.

  3. 3

    3. Draft the Facts and Grounds of Illegality

    Narrate the factual background chronologically. Under the grounds, argue specifically on points of law—such as lack of jurisdiction, violation of natural justice, or misapplication of judicial discretion by the lower court. Avoid re-arguing the entire trial.

  4. 4

    4. Cite Relevant Provisions and Judgments

    Reference the applicable sections of BNSS, BNS, or the Constitution. Cite landmark Supreme Court or High Court judgments that support your legal interpretation, demonstrating how the lower court erred in its reasoning.

  5. 5

    5. Attach the Affidavit and Annexures

    Prepare a notarised affidavit verifying the contents of the petition. Compile all supporting documents—FIR copy, charge sheet, lower court orders, and bail applications—marking them serially as Annexures A1, A2, etc.

  6. 6

    6. File with the Registry and Serve the Opposite Party

    Submit the petition to the court registry with the prescribed court fee. Serve a copy to the Public Prosecutor or the opposing counsel, as the revisional court will issue notice to the opposite party before hearing arguments.

Disclaimer: This template is provided for general informational and drafting reference purposes only. It does not constitute legal advice. Stamp duty, registration, and procedural requirements may vary by state. Consult a qualified advocate before executing or filing any legal document. For more details, see our Disclaimer.