Criminal Appeals & Revision Petitions

Under Sections 410-421 of the Code of Criminal Procedure 1898, an appeal against conviction can be filed before the Sessions Court (if convicted by a Magistrate) or High Court (if convicted by Sessions Court). The limitation period is 60 days for appeals to Sessions Court and 30 days for High Court under Article 119 of the Limitation Act 1908. The appeal must contain grounds and may include stay of sentence applications. The appellate court can suspend sentence under Section 426 CrPC pending appeal.

Under Sections 435-440 of the CrPC 1898, a revision petition allows the High Court or Sessions Court to examine the correctness, legality, or propriety of any finding, sentence, or order recorded by a subordinate criminal court. It is available when an appeal is not maintainable. The court may exercise suo moto revision under Section 439 or on application under Section 435. The limitation period is 90 days under Article 119 of the Limitation Act 1908.

An appeal is a statutory right against conviction or acquittal, heard on both facts and law. The appellate court can re-evaluate evidence. A revision is a discretionary power of superior courts under Sections 435-440 CrPC to examine the legality or propriety of any order passed by a subordinate court. Revision is available even when an appeal is not maintainable. Revision is limited to jurisdiction, legality, and propriety, not re-evaluation of facts. Revision has a limitation period of 90 days.

The limitation period for filing a criminal revision petition is 90 days under Article 119 of the Limitation Act 1908. However, the High Court can exercise its revisional powers suo moto at any time under Section 439 CrPC. For Sessions Court revision under Section 435 CrPC, the limitation is 30 days from the date of the order. The court may entertain applications beyond limitation if sufficient cause is shown under Section 5 of the Limitation Act.

Criminal appeals and revisions are governed by the Code of Criminal Procedure 1898 (Sections 410-440 for appeals and revisions), the Limitation Act 1908 (Article 119 for time limits), and the Constitution of Pakistan 1973 (Article 199 for writ petitions against criminal orders). The Supreme Court Rules govern appeals to the Supreme Court. The Qanun-e-Shahadat 1984 governs evidence in criminal matters. The Criminal Law (Amendment) Acts also apply.