Reference and Revision are two important provisions under the Code of Criminal Procedure that help in maintaining the fairness of the judicial process. These provisions are used when an error is perceived to have occurred during the trial or during the investigation.
Reference
A reference is a procedure where a subordinate court seeks the opinion of a higher court on a legal question that arises during a trial. The reference is made by the subordinate court when it is unable to decide a question of law that has arisen in the case. The higher court then gives its opinion on the question, which is binding on the subordinate court.
Revision
Revision is a process where a higher court examines the legality, propriety or correctness of any order or proceedings passed by a subordinate court. The revisional court can either confirm, modify, or reverse the order of the lower court. Revision can be initiated either suo moto or by an application made by the aggrieved party. However, it must be noted that revision is not an appeal and the revisional court cannot re-examine the facts of the case.
Key Differences Between Reference and Revision
BASIS FOR COMPARISON | REFERENCE | REVISION |
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Meaning | Refers to a request made by a lower court to a higher court for advice or a decision on a question of law. | Refers to the power of the High Court or the Sessions Judge to examine an order passed by an inferior court to satisfy itself as to the correctness, legality or propriety of the order. |
Initiation | Initiated by a lower court. | Initiated by the High Court or Sessions Judge on its own motion or on an application by an aggrieved party. |
Purpose | To seek an opinion or decision of a higher court on a question of law arising in a case. | To correct errors of jurisdiction or law committed by a subordinate court. |
Scope of examination | Limited to the question referred by the lower court. | Broad and comprehensive, including the power to examine the entire record of the case. |
Binding nature of decision | The opinion or decision of the higher court is binding on the lower court only in respect of the question referred. | The decision of the High Court or Sessions Judge is binding on the subordinate court and is final, subject to appeal or revision in certain circumstances. |