Quick answer: A criminal revision petition asks the Sessions Court or High Court to check whether a lower criminal court’s order is legal, correct and proper. Section 438 BNSS (old Section 397 CrPC) governs it. You must file within 90 days, you cannot revise interlocutory orders, and you get only one revision.
A criminal revision petition lets a party ask a superior court to correct a clear error in a lower court’s order. Unlike an appeal, revision corrects only patent errors of law, jurisdiction or serious injustice. This guide explains the law under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the filing steps and the latest rulings.
What Is a Criminal Revision Petition Under Section 438 BNSS?
Section 438 BNSS replaced Section 397 CrPC from 1 July 2024. It allows the High Court or a Sessions Judge to call for the records of any inferior criminal court. It then tests the correctness, legality or propriety of the order. Meanwhile, it can suspend the sentence or release the accused on bail.
Section 442 BNSS (old Section 401 CrPC) sets out the High Court’s revisional powers.
Key Limits on Revision
The statute builds in five important limits:
- No revision against interlocutory orders: Section 438(2) BNSS bars revision of purely interim orders, such as adjournments or routine directions.
- Only one revision: Under Section 438(3), once you approach either the Sessions Judge or the High Court, you cannot go to the other in revision.
- Hearing before an adverse order: Section 442(2) requires the court to give the accused a chance to argue before it passes any order against them.
- No conversion of acquittal: Section 442(3) stops the High Court from turning an acquittal into a conviction.
- Appeal comes first: If an appeal lies and you skip it, Section 442(4) bars your revision. However, Section 442(5) lets the court treat a revision as an appeal if you filed it under a genuine mistaken belief.
How to File a Criminal Revision Petition: Step by Step
- Check the order type. Confirm the order is final or intermediate, not interlocutory.
- Choose the forum. Decide between the Sessions Court and the High Court, because you only get one attempt.
- Calculate limitation. Article 131 of the Limitation Act, 1963 gives 90 days from the order. If you are late, add an application for condonation of delay under Section 5.
- Draft the grounds. Focus on jurisdictional errors, illegality, perversity or ignored evidence.
- Seek interim relief. Ask for a stay of the order or suspension of sentence where needed.
If your case involves a conviction, also compare your options with a regular appeal. Our guide on criminal appeals under BNSS explains time limits and bail pending appeal.
Key Case Law on Criminal Revision
Mahabir v. State of Haryana (Supreme Court, 2025)
On 29 January 2025, a bench of Justices J.B. Pardiwala and R. Mahadevan set aside a High Court judgment that had converted acquittals into convictions in revision. The Court held that revisional powers do not permit this conversion.
Ability Dodzi v. State (NCT of Delhi) (Delhi High Court, 2025)
Justice Girish Kathpalia held that a party cannot bypass the Section 438(2) bar by invoking the High Court’s inherent powers. The court treated a summons to the investigating officer as interlocutory. It dismissed the petition with costs of Rs 20,000.
Laxmi Devi v. State of Bihar (Patna High Court, 2025)
The court ruled that a summoning order is interlocutory for the complainant but intermediate for the accused. As a result, the accused can challenge it in revision, while the complainant must use other remedies.
Second revision bar (J&K and Ladakh High Court, October 2026)
Justice Sanjay Dhar held that Section 528 BNSS cannot revive a second revision that Section 438(3) bars. He also treated 90 days as a reasonable outer time for Section 528 petitions, by analogy with revision.
Frequently Asked Questions
What is the time limit for filing a criminal revision petition?
You must file within 90 days of the order under Article 131 of the Limitation Act. Courts can condone delay if you show sufficient cause.
Can you file a revision against an interlocutory order?
No. Section 438(2) BNSS bars it.
Can a High Court convert an acquittal into a conviction in revision?
No. Section 442(3) BNSS forbids it, and the Supreme Court confirmed this in Mahabir (2025).
Can I file a second revision in the High Court after the Sessions Court dismisses mine?
No. Section 438(3) allows only one revision by the same person. High Courts have also refused to let parties use Section 528 BNSS to get around this bar.
What is the difference between Section 397 CrPC and Section 438 BNSS?
Section 438 BNSS largely carries forward Section 397 CrPC. The interlocutory bar and the one-revision rule remain the same.
Who can file a criminal revision petition?
The accused, the complainant, the State or any affected person can file one. The court can also act on its own motion.
Lex Pleaders advises banks, NBFCs, businesses and individuals on criminal revisions, appeals, bail and quashing petitions from trial courts to the Supreme Court. As a law firm in Delhi NCR, we assess whether revision, appeal or a Section 528 petition suits your case. Write to us at lexpleadersindia@gmail.com to discuss your matter.
Disclaimer: This article offers general information only and does not constitute legal advice.