Criminal revision is a legal remedy available in Pakistan to challenge and rectify errors in a lower court’s decision. If a party believes that a trial court has made a legal or procedural mistake, they can file a criminal revision petition before the higher courts to seek justice.
Feel free to get in touch with us, and our team will respond promptly to assist you with your needs.
Criminal Revision is a legal remedy in Pakistan that allows a higher court to review and correct an error in a decision made by a lower court in a criminal case. It is an essential mechanism under the Code of Criminal Procedure (CrPC), 1898, designed to ensure that justice is served by preventing any miscarriage of justice due to legal errors, procedural irregularities, or excessive punishments.
Criminal revision is different from an appeal because it does not involve a complete retrial or re-examination of the evidence. Instead, the court reviews the legality, correctness, or propriety of the lower court’s decision.
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:
- Sessions Court – If the order was passed by a Magistrate’s Court.
- 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.
We provide professional legal assistance in:
- Filing Criminal Revision Petitions: Challenging unjust convictions, sentences, or procedural errors in lower court judgments.
- Review of Evidence and Legal Grounds: Identifying legal errors in the trial court’s decision and preparing strong arguments.
- Representation in Higher Courts: Advocating for clients in the Session Court and High Court to seek fair justice.
- Legal Consultation: Advising clients on the viability of filing a revision and the expected legal process.
Why Choose Us?
- Experienced Criminal Lawyers: Our legal team specializes in criminal law and has extensive experience in handling criminal revision cases.
- Strong Legal Representation: We ensure that your case is presented effectively before the higher courts.
- Timely and Efficient Service: We handle cases with urgency to provide swift legal solutions.
- Confidentiality & Professionalism: We maintain strict confidentiality and professionalism in all legal matters.
If you or someone you know needs to challenge an unfair criminal judgment, contact us today for expert legal assistance in filing a criminal revision petition in Pakistan.
