**Sample PDF of the Application is attached at the end. Note: The PDF you attached shows a template used in Nagpur Court for Criminal Revision proceedings. This is only a sample format — exact details vary by case and court.
Why & When is a Criminal Revision Application Used?
Purpose: To challenge the correctness, legality, or propriety of an order passed by a lower court or magistrate.
Law: Governed under Section 438 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (previously under CrPC).
When Filed:
- If a person feels that a Magistrate's order is unjust, harsh, or not in accordance with the law.
- If there is no direct right of appeal, a higher court still needs to examine the lower court's order.
- Example: The Magistrate wrongly issues a preventive order under Executive powers, or wrongly rejects bail — the accused can move a Revision before the Sessions Judge.
What This Sample Shows
- Heading of Court & Parties – Mentions applicant (person filing) and non-applicant (opposite party, often State).
- Details of Order Challenged – The order of Magistrate (date, case number).
- Documents Attached – Vakalatnama, certified copy of impugned order, list of documents.
- Relief Sought – Stay, bail, PR bond, or cancellation of impugned order.
- Scrutiny Form – Checklist to see if revision is competent, filed in time, with proper documents, court fee, etc.
Important Points
- Not an Appeal: Revision is not a full rehearing like an appeal — it only checks the legality/correctness of the Magistrate's order.
- Filed Before: Principal District & Sessions Judge (or High Court in some cases).
- Time Limit: Generally 90 days from the order (unless the court condones delay).
- Documents Needed: Certified copy of the impugned order, vakalatnama, supporting documents, and court fee.
- Possible Orders: Stay on the lower court order, modification, or setting aside the order.
FAQs on Criminal Revision
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Q1. What is the difference between Appeal and Revision?
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Appeal = re-examination of facts + law. Revision = only checks legality/propriety of order, not full rehearing.
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Q2. Who can file a Criminal Revision?
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Accused, complainant, or even the State if they feel a Magistrate's order is incorrect.
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Q3. Which court hears Criminal Revision?
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Sessions Court or High Court, depending on the case.
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Q4. Is Revision always maintainable?
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No. If the law provides a direct appeal, revision usually cannot be filed.
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Q5. What happens after filing Revision?
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The higher court examines the record, may issue notice to the other side, grant a stay, or call for records from the lower court.
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Q6. Does filing Revision automatically stay the lower court's order?
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No. A separate stay application must be filed.
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Q7. What if the Revision is filed late?
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A delay condonation application (with reasons for delay) must be filed; the court may allow or dismiss it.
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Q8. Can a person get bail during Revision?
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Yes, the applicant can move an application for bail or PR bond along with revision.
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Q9. Is personal appearance necessary in Revision?
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Not always. Lawyers can appear, unless the court specifically directs the applicant to remain present.
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Q10. What if Revision is dismissed?
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Applicant can move the High Court under revision/jurisdiction powers if law permits.
Downloads & Resources
Legal Affidavit Document
IN THE COURT OF HON'BLE ___ DISTRICT JUDGE & ADDL. SESSIONS JUDGE, ___
CRIMINAL REVISION NO. ___ / ___
APPLICANT : ___
...VERSUS...
NON-APPLICANT : ___
BEFORE THE HON'BLE PRINCIPAL DISTRICT & SESSIONS JUDGE, ___
1. Criminal Revision under section ___ of B.N.S.S. presented by Shri ___ Advocate for the applicant against the order of the Special Executive Magistrate ___ Division, ___ in Criminal Case No. ___ dated ___.
2. Vakalatnama filed by Shri ___ Advocate for the applicant.
3. Certified copy of impugned order dated ___ in R.C.C./S.C.C. No. ___ filed by applicant.
4. List of documents along with ___ documents filed.
5. Application for grant of ___ filed.
Revision application is examined and ordered to be registered as
CRIMINAL REVISION
Of further orders to ___
Put up on ___
Asstt. Superintendent,
Judicial Branch (T.W.),
District Court, ___
SCRUTINY FORM OF CRIMINAL REVISION / APPEAL PROCEEDING
IN THE COURT OF THE SESSIONS JUDGE AT ___
ENTRY NO. ___ / ___ CRI. REV./APPEAL NO. ___ / ___
___ V/S ___
| Sr. No. | Description | Tick |
|---|---|---|
| 1 | Whether the Criminal Appeal / Revision is competent? | ___ |
| 2 | Whether presentation is duly authorised? | ___ |
| 3 | Whether the Appeal / Revision is in time? | ___ |
| 4 | Whether copies of judgment/order are annexed? | ___ |
| 5 | Whether proper court fees are affixed? | ___ |
| 6 | Whether names of parties tally with annexures? | ___ |
| 7 | In case of appeal, whether fine is paid? | ___ |
| 8 | Whether no other proceeding is filed? | ___ |
| 9 | Whether court fees on copies are paid? | ___ |
| 10 | Whether State is made a party? | ___ |
Objection noted; undertake to comply.
Checked, verified and registered.
Advocate: ___
Asstt. Superintendent,
Judicial Branch (T.W.),
District Court, ___
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