What is the Time Limit for Filing a Criminal Revision Petition in High Court?
The limitation period for filing a criminal revision petition in the High Court is a very important procedural requirement under Indian criminal law. A criminal revision petition is a supervisory remedy under Sections 397 to 401 of the Code of Criminal Procedure, 1973 (Cr.P.C.), allowing the High Court to scrutinize the legality, propriety, or correctness of any finding, sentence, or order passed by a subordinate criminal court.
The direct answer to your question is: the time limit for filing a criminal revision petition in the High Court is generally ninety (90) days from the date of the order or sentence sought to be revised, as per Article 131 of the Limitation Act, 1963.
However, the actual working of this limitation period involves several statutory provisions, exclusions, and judicial interpretations. Let us go into full detail.
1. Legal Foundation of Criminal Revision Petitions
- Governing Statutes:
- Criminal Procedure Code, 1973 (Sections 397–401): Lays down the scope and power of revision for criminal matters.
- Limitation Act, 1963 (Article 131): Prescribes the time limit for filing criminal revision petitions.
- Nature of Remedy:
- A criminal revision is not an appeal; it is a discretionary supervisory power exercised by the High Court to correct errors of jurisdiction, illegality, or impropriety.
- The High Court does not re-appreciate evidence unless it is necessary to prevent miscarriage of justice.
2. Article 131 of the Limitation Act, 1963
Text of Article 131 (relevant portion):
| Description of Application | Period of Limitation | Time From Which Period Begins to Run |
|---|---|---|
| To any court for the exercise of its powers of revision under the Code of Civil Procedure, 1908 or the Code of Criminal Procedure, 1898 | 90 days | The date of the decree or order or sentence sought to be revised |
Key Takeaway: The time limit to file a criminal revision petition in the High Court is 90 days from the date of the order or sentence sought to be revised. This applies equally to revisions under Cr.P.C.
3. Starting Point of Limitation
The limitation period starts from the date of the order or sentence sought to be revised, not from the date of knowledge. This means:
- The day the subordinate criminal court passes the order or judgment is the starting point.
- The limitation clock begins immediately, subject to certain exclusions discussed below.
4. Exclusion of Time for Obtaining Certified Copy
Under Section 12(2) of the Limitation Act, 1963, the time required for obtaining a certified copy of the order can be excluded from the calculation of the limitation period.
- As soon as the order is pronounced, the party intending to file a revision should apply for a certified copy without delay.
- The period between the application for the certified copy and the date when the copy is ready for delivery is excluded from the limitation calculation.
Example:
- Order passed: 1 March 2025.
- Certified copy applied for: 2 March 2025.
- Copy received: 10 March 2025.
- Limitation period of 90 days starts on 1 March but excludes 2–10 March.
5. Condonation of Delay Under Section 5 of the Limitation Act
If a criminal revision petition is filed after the expiry of 90 days, it can still be entertained if sufficient cause for the delay is shown under Section 5 of the Limitation Act, 1963.
- Sufficient Cause may include illness, unavoidable circumstances, lawyer’s mistake, or any other bona fide reason.
- Affidavit: The petitioner must file an application for condonation of delay supported by an affidavit.
- Court’s Discretion: The High Court’s approach is generally liberal in criminal matters, especially where the liberty of an individual is involved.
6. Practical Steps to Ensure Timely Filing
- Apply for Certified Copy Immediately: This preserves your right to exclude the time taken to prepare the copy.
- Calculate Limitation Carefully: Start counting from the date of the order; exclude copy preparation days.
- Draft the Petition Early: Avoid waiting until the last few days to file.
- Condonation Application: If delay occurs, prepare a detailed explanation supported by documents.
7. Judicial Interpretation on Limitation for Criminal Revision Petitions
Indian courts have provided guidance on the limitation aspect of criminal revisions:
- State of Maharashtra v. Sharadchandra Vinayak Dongre (1995): The Supreme Court observed that courts should take a liberal view in condoning delay in criminal matters where personal liberty is at stake.
- Collector, Land Acquisition v. Katiji (1987): The Supreme Court emphasized that courts should adopt a pragmatic approach to condonation of delay to advance substantial justice.
- P.K. Ramachandran v. State of Kerala (1997): The Supreme Court balanced the liberal approach with the need for discipline and promptness in filing.
8. High Court Rules and State Amendments
While Article 131 of the Limitation Act applies across India, some High Courts may have specific procedural rules for criminal revisions (such as forms, affidavits, or additional documentation).
- The limitation period of 90 days is uniform unless a special statute prescribes otherwise.
- Always consult the local High Court rules before filing.
9. Special Situations Affecting Limitation
- Knowledge of Order: Normally limitation runs from the date of the order, not from the date of knowledge. However, if the accused was absent on the day of the order and can show he had no knowledge, the High Court may consider this under Section 5.
- Multiple Orders: If multiple orders are passed, limitation runs separately for each.
- Special Statutes: Where a criminal revision is filed under a special enactment (e.g., certain economic offences), check if the statute prescribes a different limitation.
10. Difference Between Time Limits for Appeal and Revision in Criminal Matters
| Aspect | Criminal Appeal | Criminal Revision |
|---|---|---|
| Provision | Section 374 Cr.P.C. and others | Section 397–401 Cr.P.C. |
| Limitation | Varies (30 to 90 days depending on nature of appeal under Limitation Act) | 90 days (Article 131) |
| Nature | Statutory right | Discretionary supervisory power |
| Condonation | Section 5 of Limitation Act applies | Section 5 of Limitation Act applies |
11. Importance of Adhering to Limitation Period
- A criminal revision petition filed beyond the limitation period without a condonation application can be dismissed at the threshold.
- Timely filing reflects diligence and seriousness of the petitioner.
- In criminal cases, since the liberty of the accused or significant rights of the complainant may be at stake, promptness in approaching the High Court is essential.
12. Practical Illustration
Suppose a Magistrate convicts an accused under Section 138 of the Negotiable Instruments Act on 1 July 2025. The accused applies for a certified copy on 3 July 2025 and receives it on 10 July 2025. The 90-day limitation period will start from 1 July 2025 but exclude 3 July to 10 July. The accused must file the criminal revision petition in the High Court before the expiry of the 90-day period after accounting for the excluded days.
13. Tips for Lawyers and Litigants
- Keep a limitation diary for every criminal case.
- Always attach the certified copy of the impugned order.
- File the condonation of delay application simultaneously if the limitation period is over.
- Provide documentary proof for reasons of delay (medical certificates, travel documents, etc.).
- In urgent matters, seek urgent listing of the revision petition.
14. Judicial Trend Towards Liberal Condonation in Criminal Revisions
Because criminal proceedings directly affect the liberty of individuals, Indian courts tend to adopt a more liberal approach in condoning delays compared to civil matters. The rationale is that the stakes are higher and substantial justice should not be sacrificed at the altar of technicalities.
However, this does not mean automatic condonation — the petitioner must still demonstrate “sufficient cause.”
15. Conclusion
To summarize, the time limit for filing a criminal revision petition in the High Court is 90 days from the date of the order or sentence sought to be revised under Article 131 of the Limitation Act, 1963. The time taken to obtain a certified copy of the order is excluded from the limitation period under Section 12(2) of the Limitation Act. If the revision petition is filed beyond the prescribed period, the High Court may condone the delay under Section 5 of the Limitation Act if sufficient cause is shown.
Understanding and adhering to this time limit is crucial because criminal revision petitions are discretionary remedies and the High Court expects parties to act diligently. Prompt filing and a well-drafted condonation application (if needed) will ensure that the revision petition is entertained on its merits rather than being dismissed on technical grounds.
Important: Kindly Refer New Corresponding Sections of Bharatiya Nyaya Sanhita 2023, (BNS); Bharatiya Nagarik Suraksha Sanhita 2023, (BNSS); & Bharatiya Sakshya Adhiniyam 2023, (BSA) for IPC; CrPC & IEA used in the article.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304
