Understanding the Three Corrective Powers of Courts
The Indian legal system recognises that judicial decisions are not infallible. To prevent miscarriage of justice, the law provides three distinct corrective mechanisms: appeal, revision, and review. Though often used interchangeably in casual discussion, they differ fundamentally in nature, scope, and purpose.
Confusing these remedies is not a minor mistake. It leads to procedural blunders, dismissal of cases, and irreversible loss of legal remedies.
Appeal
An appeal is a statutory right that allows a higher court to re-examine the correctness of a decision passed by a lower court.
An appeal involves a rehearing on law, facts, or both, depending on the statute under which it is filed.
Nature of Appeal
An appeal is:
- A continuation of the original proceedings
- Filed only when expressly provided by law
- Heard by a superior court
The appellate court has the power to:
- Confirm the decision
- Reverse it
- Modify it
- Order a retrial
An appeal can be filed against convictions, acquittals, decrees, or orders, subject to statutory limitations.
Key Point
There is no inherent right to appeal.
If the statute does not permit it, an appeal does not lie.
Also Read- Difference Between BNS, BNSS and CPC
Revision
Revision is a discretionary supervisory power exercised by a higher court to correct jurisdictional errors, procedural irregularities, or legal perversity in orders passed by subordinate courts.
Revision is not a rehearing of the case.
Nature of Revision
A revision petition is:
- Not a matter of right
- Limited in scope
- Intended to prevent gross injustice
The revisional court examines whether the lower court:
- Acted within its jurisdiction
- Followed proper legal procedure
- Passed an order consistent with law
The revisional court does not normally reassess evidence or substitute its own findings of fact.
Key Limitation
Revision cannot be used as a substitute for appeal.
If an appeal lies and is not filed, revision is generally barred.
Also Read- Summons vs Warrant
Review
Review is the power of a court to reconsider its own judgment or order.
This power is exercised only on very narrow grounds, as frequent review would destroy finality of judgments.
Grounds for Review
A review may be allowed where there is:
- Discovery of new and important evidence
- Error apparent on the face of the record
- Any other sufficient reason (interpreted strictly)
A review is not an appeal in disguise.
Mere dissatisfaction with the judgment is not a valid ground.
Nature of Review
Review:
- Lies before the same court
- Is extremely limited
- Preserves judicial discipline and finality
Core Differences Between Appeal, Revision and Review
An appeal is a statutory right that permits a full or partial rehearing by a superior court. Revision is a discretionary power exercised to correct jurisdictional or legal errors by subordinate courts. Review is a limited power enabling a court to correct its own obvious mistakes.
Appeal examines correctness.
Revision examines legality.
Review examines apparent error.
Who Exercises These Powers
Appeals are heard by higher courts as specified by statute.
Revision is exercised by High Courts or Sessions Courts over subordinate courts.
Review is exercised by the same court that passed the original order.
Purpose of Each Remedy
The purpose of appeal is to ensure correctness of judicial decisions.
The purpose of revision is to ensure legality and procedural fairness.
The purpose of review is to prevent manifest injustice caused by obvious errors.
Each serves a different corrective function within the judicial hierarchy.
Common Misconceptions
Appeal is not automatic.
Revision is not a second appeal.
Review is not meant to change conclusions on merits.
Using the wrong remedy can permanently bar the correct one.
Appeal, revision, and review are distinct legal remedies with separate objectives, scopes, and limitations.
Appeal is a right where permitted by law.
Revision is a supervisory discretion.
Review is an exceptional self-correction mechanism.
Understanding this distinction is essential for effective litigation, judicial preparation, and procedural competence.
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