The word Appeal and Revision are appear to be similar legal terms, there are certain subtle differences between them. The distinction between an appeal and revision is a real one.
What is Appeal in Law Terms
According to Law terms, there is no definition of the word “appeal” in any statute. It can be defined as the judicial examination by a higher Court of a decision of an inferior Court. It is a legal proceeding by which a case is brought before a higher court for review of the decision of a lower court. Appeal is a process of re-examination by a higher court of the judgment, or the order or the decision made by a lower court in a suit or in a case. Appeal is the right of entering a superior court and invoking its aid and interposition to redress the error of the court below. It is a proceeding taken before a superior court for reversing or modifying the decision of an inferior court on ground of error.
What is Revision in Law Terms
As per Law, the word Revision is the act of examining again in order to remove any defect or grant relief against irregular or improper exercise or non-exercise of jurisdiction by a lower court. Revision is like re-working and re-writing. Revision means the action of revising, especially critical or careful examination or perusal with a view to correcting or improving.
Differences Between Appeal and Revision in Law
1. Appeal is a legal right of a party but revision depends on the discretion of the Court, therefore it cannot be claimed as a matter of right.
2. An appeal may lie on the point of law as well as on facts but a revision generally lies on the question of law only.
3. In case of appeal, the appellant is heard, but it is not necessary in case of a revision petition.
4. In case of appeal, the Appellate Court can neither increase the sentence nor pardon the appellant but both these are possible in case of revision.
5. In appeal, the higher court may convert discharge of the accused into his conviction but this cannot be done in case of revision.
6. The courts have extensive powers of interference in criminal appeals but the power of courts is very limited in revision.
7. An appeal lies to a superior court, which may not necessary be a High Court, while a revision application under the code lies only to the High Court.
8. An appeal lies only from the decrees and appealable order, but a revision application lies from any decision of a court subordinate to the High Court from which no appeal lies to the High Court or to any subordinate court.
9. A right of appeal is a substantive right conferred by the statute, while the revisional power of the High Court is purely discretionary.
Difference Between First and Second Appeal
The second appeal under the CPC is always before the High Court under Sec.100. The primary difference between the first appeal and the second appeal is that a second appeal is maintainable only on a ‘substantial question of law’ and a question of fact cannot be raised.
Where No Right of Appeal in Law
Section 375 and 376 bar appeals in certain cases, though a provision of Revision is maintainable. Thus no appeal shall lie-
1. Where a High Court passes a sentence of imprisonment not exceeding six months or fine not exceeding one thousand rupees or both;
2. Where a Court of Session or a Metropolitan Magistrate passes a sentence of imprisonment not exceeding three months or fine not exceeding two hundred rupees or both;
3. Where a Magistrate of the First Class passes a sentence of fine not exceeding one hundred rupees; or
4. Where in a summary case, a Magistrate passes a sentence of fine not exceeding two hundred rupees.