High Court’s powers of revision
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Summary
When the High Court calls for or otherwise gets a case record, it may in its discretion exercise certain appellate and revisional powers like those of a Court of Appeal or a Sessions Court. It cannot make an order that prejudices a person unless that person has had a chance to be heard, and it cannot turn an acquittal into a conviction. If an appeal lay but was not filed, the party who could have appealed cannot seek revision; if they applied thinking no appeal lay, the High Court may treat that application as an appeal in the interests of justice.
Example
Ravi is convicted by a magistrate for theft and could have appealed to the Sessions Court but did not. He files a revision petition in the High Court. Because an appeal was available and not taken, the High Court will normally refuse Ravi's revision petition.
Bare Act
Enacted text(1) In the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 386, 389, 390 and 391 or on a Court of Session by section 307 and, when the Judges composing the Court of revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 392.
(2) No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by pleader in his own defence.
(3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one of conviction.
(4) Where under this Code an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed.
(5) Where under this Code an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly.
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