Law Firm in Pakistan
Law Firm in Pakistan

Criminal Revision

Experienced criminal defense attorney providing expert advice and strategic representation for criminal revision and appeals. With in-depth knowledge of criminal law and trial procedures, we offer personalized guidance to challenge convictions, seek reduced sentences, and explore all legal options to achieve the best possible outcome for your case.

Criminal Revision Criminal revision under CrPC Pakistan
Criminal Revision

Feel free to get in touch with us, and our team will respond promptly to assist you with your needs.

A criminal defense attorney can provide expert guidance on criminal revision, a legal remedy in Pakistan that allows a higher court to review and correct errors in a decision made by a lower court in a criminal case. Under the Code of Criminal Procedure (CrPC), 1898, criminal revision ensures that justice is upheld by addressing legal errors, procedural irregularities, or excessive punishments.

Unlike an appeal, criminal revision does not involve a full retrial or re-examination of evidence. Instead, a higher court reviews the legality, correctness, or appropriateness of the lower court’s decision, ensuring that any mistakes or injustices are rectified. A criminal defense attorney can help navigate this process to safeguard your rights and seek a fair outcome.

Legal Basis for Criminal Revision in Pakistan:

Criminal revision is governed by Sections 435-439 of the Code of Criminal Procedure, 1898, which empower higher courts to review orders or judgments of lower courts.

  • Section 435 CrPC

    Allows a Sessions Judge or High Court to examine the record of a criminal case to ensure proper application of law.

  • Section 436 CrPC

    Provides power to a Sessions Judge to order further inquiry into a case dismissed by a Magistrate.

  • Section 439 CrPC

    Grants the High Court the authority to revise, modify, or set aside orders of lower courts.

A criminal revision petition can be filed under the following circumstances:

If the trial court has misapplied the law or followed an incorrect legal procedure.

If the lower court has passed an order beyond its jurisdiction.

If the sentence imposed is excessively harsh or unjustified.

If a person is wrongly acquitted or convicted due to misinterpretation of law.

If there is an apparent miscarriage of justice that needs correction.

  • The Accused – If the accused believes that the lower court’s decision is unjust or illegal.
  • The Complainant – If the complainant (victim or prosecution) believes that justice has not been served.
  • The State – The government or prosecution can also file a revision petition if a wrong acquittal or lenient sentence is given.

A criminal revision petition can be filed in:

  1. Sessions Court – If the order was passed by a Magistrate’s Court.
  2. High Court – If the order was passed by a Sessions Court or if a higher level review is needed.

Powers of the Revisional Court:

When a criminal revision petition is filed, the revisional court has the power to:

Examine the records: of the lower court’s proceedings.
Modify, alter, or set aside the order if it finds errors.
Enhance, reduce, or modify the sentence of the accused.
Order a retrial if the case was not properly conducted.
Dismiss the revision petition if no legal error is found.

ASPECT

Scope

Focuses only on legal errors and procedural irregularities

A complete re-examination of facts, evidence, and law.

Re Examination of Evidence

No fresh evidence is allowed; only legal aspects are reviewed

Fresh evidence and new arguments can be considered.

Who Can File?

The accused, complainant, or state.

The accused or prosecution in case of conviction or acquittal.

Outcome

The court may modify, alter, or set aside the decision.

The court may uphold, overturn, or modify the lower court’s decision.

  • Ensures Fairness: Prevents wrongful convictions or acquittals.
  • Corrects Judicial Errors: Helps rectify mistakes made by lower courts.
  • Protects Legal Rights: Ensures due process and fair trial rights are upheld.
  • Enhances Public Trust: Strengthens confidence in the justice system.

Our criminal defense attorney provide professional legal assistance in:

Why Choose Us?

If you or someone you know needs to challenge an unjust criminal judgment, contact us today for expert assistance from a criminal defense attorney in filing a criminal revision petition in Pakistan.

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