Skip to main content

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).

 

Comments

Post a Comment

Popular posts from this blog

Organs of Government: Relationship Between the Executive

  AUTHOR: SHIVANSHU KATARE Introduction to the Organs of Government In a modern democratic state, the government is typically divided into three branches or organs : The Legislature : Responsible for making laws. The Executive : Responsible for implementing laws and managing day-to-day administration. The Judiciary : Interprets laws and ensures justice. Each organ has distinct powers, but they function interdependently. The relationship between the executive and the other organs is crucial for maintaining the proper functioning of the government. Here, the focus is on the relationship between the executive and the legislature , which is often complex and varies across different political systems. 1. The Role and Structure of the Executive The Executive is primarily responsible for the implementation of laws and administration of government policies. It can be divided into two categories: Political Executive : Comprising the Head of State (e.g., the President in India) and the Hea...
Post a Comment
Read more

Judicial Accountability Bill, 2013

  AUTHOR: SHIVANSHU KATARE The Judicial Accountability Bill, 2013 was introduced in the Indian Parliament to address the issue of judicial accountability in the country. The bill aimed to ensure that judges, especially of higher courts, are held accountable for their conduct and decisions, while simultaneously safeguarding the independence of the judiciary. This bill was a step towards bringing transparency, fairness, and accountability in the judicial system, as it is essential for maintaining public trust in the judicial process. Context and Background The bill was introduced in response to several concerns regarding judicial accountability, the lack of transparency in the appointment and conduct of judges, and the increasing demands for judicial reforms. While the Indian judiciary is an independent body, there has been criticism about its lack of accountability mechanisms, particularly in cases involving judicial misconduct or inefficiency. The Judicial Accountability Bill, 2...
Post a Comment
Read more

Theories of law and sociology

 Theories of law and sociology provide different lenses to understand the relationship between law, society, and individuals. Law is often seen not just as a set of rules but as a reflection of societal norms, power structures, and historical context. Sociology of law explores how law functions within a society and how it shapes and is shaped by social relationships, structures, and institutions. Below is a detailed examination of key theories within these two fields: 1. Natural Law Theory Natural Law Theory is one of the oldest and most influential theories about law, originating from ancient Greece and Rome. It suggests that law is not just a human invention but is rooted in a higher, universal moral order. Natural law theorists argue that certain principles of justice and morality are inherent in nature, discoverable through human reason, and should be reflected in human-made laws. Key Figures : Aristotle, Thomas Aquinas, John Locke. Core Ideas : Laws should be based on moral va...
Post a Comment
Read more