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Difference between Reference & Revision

 

 

S. No.

Point of Difference

Reference (BNSS 2023)

Revision (BNSS 2023)

1         1.

Section Number

Section 436: Reference to High Court.

Section 438: Calling for records to exercise powers of revision.

2        2.

Definition

A Reference is when a lower court refers a case involving the validity of a law or provision to the High Court for its opinion and decision.

Revision is the process where the High Court or Sessions Judge examines the record of a case to ensure the correctness, legality, or propriety of the finding, sentence, or order.

3        3.

Scope

Primarily focuses on a question of law regarding the validity of a statute or provision, often before the case can proceed.

Involves reviewing the entire case record, including findings, sentences, orders, and proceedings, for correctness and legality.

4        4.

Decision Maker

High Court decides on the validity of the law or provision referred by a lower court.

High Court or Sessions Judge can pass orders based on the review of the case record.

         5.

Application

A lower court can refer a case to the High Court if it believes a question of law related to the validity of a law must be resolved for the case to proceed (Section 436).

Revision can be initiated by either the High Court or Sessions Judge to examine the record and ensure the case’s decisions are legally sound (Sections 438, 439).

         6.

Timing

A Reference is typically made during the course of a case where the court finds the need for clarification on the validity of certain provisions before continuing (Section 436).

Revision happens after the case has been decided, with the High Court or Sessions Judge reviewing decisions, sentences, and orders (Sections 438, 439).

7        7.

Outcome

The High Court’s decision on the reference will guide the lower court in disposing of the case accordingly (Section 437).

The revised order may result in the alteration, confirmation, or annulment of a previous decision, sentence, or order based on the review (Sections 442, 443).

8        8.

Power to Suspend

The court making the reference may suspend the sentence or order until the High Court gives its decision (Section 436).

The High Court or Sessions Judge may suspend the execution of a sentence or order while revising the case (Section 438).

9         9.

Purpose

To resolve issues about the validity of laws or provisions that are central to a case.

To ensure the correctness and propriety of proceedings, findings, sentences, and orders passed by inferior courts.

.       10.

Jurisdiction

Refers to the High Court when a lower court faces a question about the validity of a law or regulation (Section 436).

Both High Court and Sessions Judge have jurisdiction to revise cases (Sections 438 and 440).

1     11.    

Limitation

A reference is made only in cases where the validity of a law is in question and has not yet been declared invalid by the High Court or Supreme Court (Section 436).

Revision is not applicable to interlocutory orders and is limited to final decisions like findings, sentences, or orders (Section 438).

 

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