1. Appeal under BNSS
An appeal is a statutory right to challenge a judgment of a lower court in a higher court.
Key Principles
Appeal is not a natural right, it must be expressly provided by law
Lies against:
- Conviction
- Acquittal
- Sentence
Types of Appeals
(A) Appeal from Conviction
- Accused can appeal against conviction and sentence
(B) Appeal from Acquittal
Filed by:
- State Government
- Complainant (with permission)
(C) Appeal for Enhancement of Sentence
- Filed by State
(D) No Appeal in Certain Cases
- Petty cases (minor sentences)
- Where accused pleads guilty (with limitations)
2. Powers of Appellate Courts
Appellate courts have wide powers to ensure justice.
Main Powers
(A) Reverse Findings
- Can reverse conviction → acquittal
- Or acquittal → conviction
(B) Order Retrial
- If trial was defective or unfair
(C) Alter Sentence
- Increase or reduce punishment
(D) Take Additional Evidence
- If necessary for justice
(E) Dismiss Appeal
- If no merit
Important Safeguard
- No enhancement of sentence without giving accused an opportunity of being heard
3. Reference
A reference is made when a subordinate court seeks the opinion of a higher court (usually High Court).
When Reference is Made
Doubt about:
- Validity of law
- Constitutional interpretation
Procedure
- Lower court refers the question
- High Court decides the issue
Example
- If a Magistrate doubts validity under Constitution of India, it may refer the matter
4. Revision
Revision is a supervisory power of higher courts to examine correctness of lower court decisions.
Courts with Revisional Powers
- High Court
- Sessions Court
Grounds for Revision
- Incorrect legality
- Impropriety
- Irregularity in proceedings
Key Features
(A) No Automatic Right
- Unlike appeal, revision is discretionary
(B) Limited Scope
Focus on:
- Legal errors
- Jurisdictional issues
Not a full rehearing of facts
(C) Can Be Suo Motu
- Court may act on its own
5. Powers in Revision
- Set aside order
- Modify decision
- Order retrial
- Correct jurisdictional errors
Restriction
- Generally, no revision against interlocutory orders
6. Appeal vs Revision (Important Difference)
| Basis | Appeal | Revision |
|---|---|---|
| Nature | Statutory right | Discretionary power |
| Scope | Law + facts | Mainly law/jurisdiction |
| Who can file | Aggrieved party | Party or court suo motu |
| Purpose | Re-hearing | Supervisory correction |
