Criminal Appeal or Revision: Which Remedy Fits Your Order

Appeal or revision: how do I know which one fits my order?

Start with the order itself and ask one question: does it finally decide guilt or innocence? A judgment that convicts and sentences you, or acquits the accused, is appealable by whoever the statute allows. Almost everything else in a criminal case, from cognizance to framing of charge, is challenged by revision if it is challengeable at all.

The second question is whether the law gives an appeal at all. Section 413 BNSS says no appeal lies from any judgment or order of a criminal court except as the Sanhita or another law provides. So there is no appeal against an order framing charges, an order refusing discharge, or an order summoning an accused. Those go to revision, or in limited cases to the High Court under section 528 BNSS.

The third question is whether the order is interlocutory. Section 438(2) bars revision against interlocutory orders. An adjournment, a direction to produce a document or an order fixing the next date is interlocutory. An order framing a charge is not, because it decides that you will face trial on that accusation. Courts call these intermediate orders and allow revision against them.

Put together: final verdict, appeal; substantive order mid-way, revision; routine procedural order, neither. Bail orders have their own track, which is a fresh application to the higher court under section 483, not an appeal or revision.

Which remedy for which order: a quick table

This table covers the orders people most often bring to us. The time limits run from the date of the order, and the time taken to get a certified copy is excluded under section 12 of the Limitation Act 1963.

What is a criminal appeal, and who has a right to file one?

A criminal appeal is a rehearing of the case by a higher court on the record of the trial. The appellate court reads the evidence, the exhibits and the judgment, hears both sides, and decides afresh whether the conviction or acquittal is correct. It is the one place after trial where the facts are fully open again.

The accused has a right to appeal against conviction under section 415, subject to two exceptions. Section 416 bars an appeal where the accused pleaded guilty and was convicted on that plea, except on the extent or legality of the sentence. Section 417 bars appeals in petty cases, for example where a Sessions Court imposes only imprisonment up to three months or a fine up to two hundred rupees, or a magistrate of the first class imposes only a fine up to one hundred rupees. If any other punishment is added, the appeal returns.

The State can appeal against an acquittal (section 419) or against a sentence it considers inadequate (section 418). A complainant in a case started on a private complaint can appeal against acquittal only with special leave of the High Court. The victim, as defined in the BNSS, has a direct right of appeal under the proviso to section 413 against an acquittal, a conviction for a lesser offence or inadequate compensation, and the Supreme Court has held that this right does not depend on leave.

Where does a criminal appeal go in Delhi?

An appeal against a magistrate's judgment goes to the Sessions Court of the same district. In Delhi that means the Sessions Division at Tis Hazari, Saket, Patiala House, Karkardooma, Rohini, Dwarka or Rouse Avenue, depending on which court tried the case. The appeal is filed before the Principal District and Sessions Judge, who usually assigns it to an Additional Sessions Judge.

An appeal against a judgment of a Sessions Judge or Additional Sessions Judge goes to the Delhi High Court, as does an appeal against any trial where a sentence of more than seven years was passed. Criminal appeals in the High Court are listed before a single judge or a Division Bench depending on the sentence, under the court's rules. For cases tried in Noida or Ghaziabad, the same structure applies within Uttar Pradesh, with the High Court at Allahabad.

Cheque bounce convictions follow the ordinary route, with one addition: under section 148 of the Negotiable Instruments Act the appellate court may direct the appellant to deposit at least 20 percent of the fine or compensation. Our cheque bounce practice page covers that deposit and how courts treat it.

What is a criminal revision, and what can the revision court do?

A revision is the higher court's power to call for the record of a lower criminal court and examine the correctness, legality or propriety of any finding, sentence or order, and the regularity of its proceedings. Section 438 BNSS gives this power to the High Court and the Sessions Judge. It is supervisory, not a rehearing, and the court uses it with restraint.

In practice a revision succeeds where the lower court applied the wrong law, ignored material on record, acted without jurisdiction, recorded a finding no reasonable judge could reach, or did not follow a mandatory procedure. It rarely succeeds where the complaint is simply that the judge should have believed one witness over another. That is a question for appeal, or for the trial itself.

When it allows a revision, the court can set aside the order, modify it, or send the matter back with directions. Where a discharge is set aside, it can direct that the case proceed or that further inquiry be made. The High Court's powers are in section 442. Under section 442(3) the High Court cannot convert an acquittal into a conviction in revision; the most it can do in a private party's revision is order a retrial.

Can you file a revision against an interlocutory order?

No. Section 438(2) bars revision against interlocutory orders in any appeal, inquiry, trial or other proceeding. The question is always whether the order is purely interlocutory or whether it decides a right of a party at that stage. If setting the order aside would end the proceeding, courts treat it as an intermediate order and allow revision.

That is why an order framing charges is revisable: if the revision court finds no ground for the charge, the case ends. An order rejecting a discharge application falls in the same category. A summoning order on a private complaint is also commonly challenged, either in revision or through a petition under section 528 to the High Court. By contrast, an order allowing or refusing an adjournment, recalling a witness for one question, or fixing the sequence of evidence is interlocutory.

When Advocate B.K. Singh reviews an order before advising a revision, he asks one plain question: if this order went away, would the case go away too, or at least change its shape? If the answer is no, a revision is usually a waste of a hearing date, and the point is better kept for the final arguments or the appeal.

Orders commonly taken in revision, and orders that usually are not

These are general patterns from courts in Delhi and elsewhere. Each case turns on its own order.

• Framing of charge. Revisable. The argument is that the material in the chargesheet, taken at face value, does not disclose the offence charged, or discloses only a lesser one.
• Rejection of discharge. Revisable, on the same footing as framing of charge. Our post on discharge applications covers how to build that application in the trial court first.
• Order of discharge. The State or the complainant can seek revision. The accused should be heard before the order is reversed.
• Taking cognizance and summoning. Often revised where the magistrate did not apply his mind, or where the complaint shows a purely civil dispute.
• Maintenance orders under section 144 BNSS. Revisable before the Sessions Court or High Court; family court orders in Delhi have their own route under the Family Courts Act.
• Orders on bail. Not taken in revision. The accused applies afresh to the higher court; the prosecution or complainant seeks cancellation, as explained in our post on grounds for cancelling bail.
• Adjournments, dates and routine directions. Not revisable. Raise the grievance in the trial court and record it in the order sheet.

How long do I have to file a criminal appeal or revision?

The periods come from the Limitation Act 1963. An appeal against conviction to the High Court must be filed within 60 days of the sentence or order; to any other court, such as the Sessions Court, within 30 days. An appeal against a death sentence has 30 days. The State's appeal against acquittal has 90 days. A revision has 90 days from the date of the order under Article 131.

Section 12 of the Limitation Act excludes the day of the order and the time needed to obtain a certified copy of the judgment. That exclusion is real but narrow: it covers the time from applying for the copy to the copy being ready, so apply the same day.

Late filing is not fatal. Section 5 of the Limitation Act lets the court condone delay for sufficient cause, and criminal courts are usually less strict than civil courts, especially where the appellant is in jail. But you must explain each period of delay with documents, such as hospital papers or proof that the copy came late. A vague explanation invites a dismissal before the merits are ever heard.

Appeal against acquittal: State, complainant and victim

When an accused is acquitted in a police case, the decision to appeal belongs to the State. In Delhi the Public Prosecutor's office examines the judgment and the Government decides whether to file. Under section 419, an appeal against a magistrate's acquittal in a cognizable and non-bailable offence goes to the Sessions Court; other appeals go to the High Court with its leave. The informant can request the prosecution to appeal, and should do so in writing promptly.

In a case instituted on a private complaint, the complainant must apply to the High Court for special leave to appeal within 60 days of the acquittal, or six months if the complainant is a public servant. If leave is refused, no appeal from that acquittal lies. Cheque bounce acquittals are the most common example, since they arise on complaint.

The victim's appeal under the proviso to section 413 is wider in one sense: it covers a conviction for a lesser offence and inadequate compensation, not only acquittal. It goes to the court that would hear the accused's appeal against conviction. Appellate courts interfere with an acquittal only where the view taken was not reasonably possible on the evidence, because an acquittal strengthens the presumption of innocence.

Can the accused stay out of jail while the appeal is pending?

Yes, through suspension of sentence under section 430 BNSS. The appellate court may, for reasons recorded in writing, suspend the sentence and release the appellant on bail or bond while the appeal is pending. Where the offence is punishable with death, life imprisonment or ten years or more, the Public Prosecutor must first be given a chance to show cause in writing against release.

There is also a short bridge at the trial court. Under section 430(3), if a convict who was on bail is sentenced to imprisonment of three years or less, or is convicted of a bailable offence, the convicting court shall release him on bail for long enough to file the appeal, unless there are special reasons to refuse. The sentence is treated as suspended for that period. Ask for this on the day of the judgment, with sureties present.

For longer sentences, appellate courts weigh the length of the sentence, the time already served, how long the appeal will take to be heard, and whether the appellant has a strong point on the record. Where a fixed-term sentence will be largely served before the appeal is reached, courts are more willing to suspend it. Fines and compensation orders can also be stayed, sometimes on condition of a deposit.

How to file a criminal appeal in a Delhi Sessions Court or the Delhi High Court

The sequence below is the usual one. A revision petition follows much the same steps, without the suspension of sentence application.

1. Apply for the certified copy the same day

   File the copying application for the judgment and order on sentence immediately. Note the date of application and the date the copy is ready, since both decide limitation.

2. Secure interim liberty

   If the sentence is three years or less and you were on bail, ask the trial court for bail under section 430(3) to enable the appeal. Keep sureties and identity documents ready at the judgment hearing.

3. Draft the memorandum of appeal

   State the facts briefly and the grounds separately, each as a numbered ground: misreading of evidence, contradictions ignored, missing link in the chain, defects in electronic evidence certificates, wrong section applied. Attach the certified copies.

4. Add the supporting applications

   File an application for suspension of sentence and bail, and an application for condonation of delay if you are late. In the High Court, check whether an application for exemption from surrender or similar relief is needed for your situation.

5. File with vakalatnama and court fee

   Present the appeal at the filing counter or through e-filing where permitted, with a vakalatnama bearing the welfare stamp. The registry checks it and lists it before the court.

6. Admission and summoning of the record

   At the first hearing the court decides whether to admit the appeal and issues notice to the State. It calls for the trial court record, which is what the appeal will be argued on.

7. Final hearing

   Both sides argue on the evidence. The court may take further evidence under section 432 if it finds it necessary, and then delivers judgment under section 428.

If the appellant is in jail and cannot engage counsel, the appeal can be sent through the jail superintendent under section 424, and legal aid counsel will be assigned. Our post on free legal aid eligibility explains who qualifies.

What does the appellate court actually look at?

The appellate court decides on the trial court record: the depositions, the exhibits, the statement of the accused under section 351 BNSS and the judgment. It looks for whether each ingredient of the offence was proved by legal evidence, whether material contradictions were dealt with, whether documents and electronic records were properly proved, and whether the trial court drew inferences the evidence could support.

Under section 427 the appellate court can, in an appeal from conviction, reverse the finding and acquit, order a retrial, alter the finding while keeping the sentence, or reduce the sentence. It cannot enhance the sentence in the accused's own appeal. Enhancement can happen in an appeal by the State or in revision, and only after the accused has had an opportunity to show cause.

A point Advocate B.K. Singh often makes to clients is that appeals are argued from page numbers, not from memory. The grounds that move an appellate judge are the ones that point to a specific line in a deposition or a specific exhibit the trial court overlooked. That is why the first week after a judgment is spent reading the record, not writing adjectives about the judge.

Revision is not a second appeal: what the revision court will not do

A revision court does not reweigh evidence to substitute its view for the trial court's where two views are possible. It interferes only where the order is perverse, illegal, without jurisdiction, or causes a clear miscarriage of justice. Grounds that read like appeal grounds, arguing which witness is more believable, usually fail in revision.

Section 442(5) adds a related rule. Where an appeal lies and no appeal is brought, the High Court will not entertain a revision at the instance of the party who could have appealed. But if a revision was filed under a mistaken belief that no appeal lay, the High Court may treat it as an appeal in the interests of justice.

Section 438(3) bars a second revision by the same person. If you take a revision to the Sessions Judge and lose, you cannot file another revision in the High Court on the same order. What remains is a petition under section 528 BNSS to the High Court, which is entertained only in exceptional cases where an abuse of process or a clear injustice is shown. Our post on quashing under section 528 explains how that power works.

Should I go to the Sessions Judge or the High Court for a revision?

Both have concurrent revisional jurisdiction over orders of magistrates, and you must choose one. The usual practice in Delhi is to go first to the Sessions Judge of the district, because it is quicker to list, closer to the trial court and leaves the High Court's inherent powers available if something goes badly wrong.

There are reasons to go straight to the High Court. The order may raise a pure question of law that the High Court will have to settle anyway, the Sessions Court may already have taken a view on the same point in a connected case, or the order may have been passed by a Sessions Court itself, in which case only the High Court can revise it. Choose deliberately, because the choice is final for that order.

Documents you need for a criminal appeal or revision

After the High Court: special leave and statutory appeals

Once the High Court decides a criminal appeal or revision, the next step is usually a special leave petition under Article 136 of the Constitution, filed within 90 days of the High Court's judgment through an Advocate-on-Record. The Supreme Court hears it first on whether leave should be granted, and can issue notice and grant interim relief such as bail at that stage. Our post on the special leave petition covers the process and papers.

There is also a statutory appeal in a narrow class of cases. Under section 420 BNSS, where the High Court on appeal reverses an acquittal and sentences the accused to death, life imprisonment or ten years or more, the accused can appeal to the Supreme Court as of right. That right also exists under Article 134 of the Constitution in some situations.

Special laws with their own appeal routes

Several statutes create appeals that the BNSS would not. Under section 21 of the NIA Act 2008, an appeal against any judgment, sentence or order of a special NIA court, other than an interlocutory order, goes to a Division Bench of the High Court within 30 days, including orders granting or refusing bail. The SC and ST (Prevention of Atrocities) Act also provides a direct appeal to the High Court against judgments and bail orders of the special court.

Orders under the Protection of Women from Domestic Violence Act 2005 are appealed to the Sessions Court within 30 days under section 29 of that Act, not revised. Cheque bounce appeals carry the section 148 deposit. Special PMLA, NDPS and UAPA courts have their own procedural rules, and the bail standards on appeal reflect the twin conditions in those laws, which our UAPA case page touches on.

The lesson is simple: check the special statute first. If it gives an appeal, the general rules on revision may not apply, and the time limit may be shorter than you expect.

Mistakes that sink criminal appeals and revisions

The commonest mistake is counting limitation from the wrong date. The clock runs from the order, not from when you heard about it, and section 12 only excludes the time spent getting the certified copy after you applied for it. The second is filing a revision where an appeal lies, which wastes the hearing and may leave you arguing condonation later.

Others are less obvious. Appellants sometimes raise new facts that were never put to witnesses at trial; an appellate court will not usually accept a defence that was not suggested in cross-examination. Revision petitions sometimes attack the trial court's reasoning on credibility, which is not what revision is for. And many people forget to apply for suspension of sentence or bail at the right time, and surrender without need.

Finally, people sometimes file a revision against a charge order and also seek quashing of the FIR under section 528 on the same grounds, in two different courts. That invites a dismissal for abuse of process. Pick one path, explain why it fits, and stay on it.

Got an adverse criminal order? What to do this week

If you want an advocate to classify the order and give you the deadline in writing, the team of Advocate B.K. Singh can look at the papers; send them through our enquiry page.

• Write down the date of the order and the date you apply for the certified copy
• Classify the order: final judgment (appeal), substantive mid-way order (revision), or routine order (neither)
• If convicted with a short sentence, ask the trial court for bail under section 430(3) on the same day
• Check whether a special law gives a direct appeal with a shorter limit
• Gather the FIR, chargesheet, charge and order sheets in one file
• If you are a complainant or victim after an acquittal, write to the prosecution and note the 60-day limit for special leave
• Do not file in two courts on the same point
• Diarise the last date to file, counting back a week for drafting and filing