Introduction:
According to Section 395 to Section 396 of the Code of Criminal Procedure 1973 deals with the Reference to High Court and Disposal of case according to decision of High Court.
As per Section 397 to Section 405 of the Code of Criminal Procedure 1973 include the powers of revision granted to the higher courts, and the procedure to exercise these powers.
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Difference between Reference and Revision:
The main difference between Reference and Revision under the Code of Criminal Procedure Code, 1973 following below-
1. The Reference is made when a question arises in pending case as to validity of any Act, Ordinance or Regulation and a determination of such question is necessary for the just decision of the case. The Session Judge or Metropolitan Magistrate only has a power to refer a case involving a question of law.
While Revision lies on a point of law only.
2. Reference lies to High Court only, but Revision lies to other Courts also.
3. Reference lies in pending cases only. But Revision may lie both pending and decided cases.
4. There is one stage in reference while in revision there are two stages i.e. (i) Preliminary Examination and (ii) Reversal or Alternative Sentence or Order.
