Difference between Appeal and Revision under CrPC, 1973

  1. According to Chapter XXIX, Section 372 to Section 394 of the Code of Criminal Procedure, 1973 deals with the provision of Appeal.

As per Chapter XXX, Section 397 to Section 402 of the Code of Criminal Procedure, 1973 deals with the provision of Revision.

  1. The High Court admits the Appeals both on the questions of law and fact and decides them as well.

In case of Revision the High Court only decides and adjudicates on a question of law. However, it has also powered to enter into the questions of fact, for the ends of justice, if it deems necessary.

  1. An Appellant has a statutory right to Appeal which he can demand from the Court either on a question of law or on a question of fact or upon both as a matter or right.

In case of Revision the appellant has no statutory right; of course, he can invite the attention of the court to the grounds of revision based on law. The Court has wide discretionary powers in exercise of its revisional jurisdiction.

  1. The High Court in Appeal can convert the acquittal into conviction and vice versa.

But in Revision it cannot convert a finding of acquittal into one of conviction.

  1. An Appeal cannot be dismissed by the High Court without having given the appellant or his pleader a reasonable opportunity of being heard.

But in Revision the High Court is not bound to hear the applicant or the pleader appointed on his behalf, of course, there is one exception to this rule, while enhancing any sentence the accused shall be given an opportunity to be heard as a matter of right.

  1. In Appeal the High Court cannot direct the tender of pardon.

But Revision can do in the exercise of its revisional jurisdiction.

  1. The interested party is required to file the Appeal.

While the Revisional power may be exercised by the High Court on its own initiative.

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