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Difference between appeal and revision in law in India

In India, appeal and revision are two legal procedures used to challenge the decisions of lower courts or tribunals. Although both procedures allow a party to seek a review of a court’s decision, they differ in terms of their scope, purpose, and the stage of the legal proceedings at which they are available.

Appeal:

An appeal is a legal procedure that allows a party to challenge a decision of a lower court or tribunal in a higher court. The party filing the appeal is known as the appellant, while the other party is called the respondent. In an appeal, the higher court reviews the decision of the lower court on both facts and law.

Appeals are available in both civil and criminal cases. In civil cases, an appeal can be filed against the final judgment or order of a trial court. The scope of appeal is usually limited to questions of law and fact. The appellate court does not conduct a fresh trial but reviews the lower court’s decision on the basis of the evidence already presented in the lower court.

In criminal cases, an appeal can be filed against the judgment of a trial court only on the grounds of a substantial question of law. The appellate court has the power to review both the facts and the law, and can even order a retrial if it finds that there has been a miscarriage of justice.

Revision:

Revision is a legal procedure that allows a party to challenge a decision of a lower court or tribunal before the High Court or the Supreme Court. Revision is an extraordinary remedy and is available only in exceptional cases where there has been a miscarriage of justice or where the lower court has acted beyond its jurisdiction.

Revision is available in both civil and criminal cases. In civil cases, revision can be filed against any order or judgment passed by the lower court. The scope of revision is limited to errors of jurisdiction or a patent error of law. The High Court or the Supreme Court can either confirm, modify, or set aside the order passed by the lower court.

In criminal cases, revision can be filed against any order or judgment passed by the lower court, but only on the grounds of jurisdiction or a patent error of law. The High Court or the Supreme Court can either confirm, modify, or set aside the order passed by the lower court.

Conclusion:

In summary, appeal and revision are two legal procedures used in India to challenge the decisions of lower courts or tribunals. While appeal is a right of the parties to challenge the decision on both facts and law, revision is an extraordinary remedy available only in exceptional cases and is limited to errors of jurisdiction or a patent error of law. Understanding the difference between appeal and revision is important for anyone seeking to challenge a court’s decision in India.