Is there any court fee payable for revision petitions in High Court?
Court Fees Payable for Revision Petitions in High Court: A Complete Guide
1. Introduction
Court fee is a mandatory charge levied by the State on litigants to process their petitions, applications, and suits in courts of law. It is imposed under specific legislation called the Court Fees Act, 1870 or the respective State Court Fee Acts (such as Madhya Pradesh Court Fees Act, Maharashtra Court Fees Act, etc.).
When it comes to revision petitions filed in the High Court, litigants often wonder whether a separate or substantial court fee is payable, how much it is, and whether the fee differs for civil revisions and criminal revisions.
Direct answer: Yes, court fees are payable for revision petitions in the High Court, but the quantum depends on whether the revision is civil or criminal, and the amount prescribed in the applicable State Court Fees Act.
This article explains in detail the statutory framework, the difference between civil and criminal revisions for the purpose of court fee, how fees are calculated, exemptions, and practical tips for litigants and lawyers.
2. Legal Framework for Court Fees
(A) Court Fees Act, 1870
- This Act is the central law but has been largely adapted or replaced by state-specific laws.
- It prescribes fees payable on documents filed in civil, revenue, and criminal courts.
- States have amended schedules to reflect local rates.
(B) State Court Fees Acts
- Each State has its own legislation setting out the amount of court fee for various petitions.
- Examples include:
- The Madhya Pradesh Court Fees Act, 1955
- The Maharashtra Court Fees Act, 1959
- The Tamil Nadu Court Fees and Suits Valuation Act, 1955
(C) CPC and CrPC – Procedural Laws
- Civil Revision Petitions: Governed by Section 115 of CPC.
- Criminal Revision Petitions: Governed by Sections 397–401 CrPC.
- Neither CPC nor CrPC prescribes fees; they only define procedure.
- The fee payable is as per the respective Court Fees Act.
3. Court Fees in Civil Revision Petitions
Civil revision petitions arise from civil disputes — suits, injunctions, execution matters, eviction proceedings, family disputes, property matters, etc.
(A) Governing Provision
- Under Section 115 CPC, the High Court can revise decisions of subordinate civil courts.
- The petition must be filed with the court fee prescribed under the Court Fees Act applicable in the concerned State.
(B) Quantum of Fee
- In most states, the court fee for a civil revision is fixed, not ad valorem.
- Typically ranges between ₹50 and ₹500 depending on the State.
- Example:
- In Madhya Pradesh, under Article 11 of Schedule II of the MP Court Fees Act, a fixed court fee of ₹250 (as per latest amendment) is payable on a civil revision petition.
- In Maharashtra, the fixed court fee on a civil revision to the High Court is ₹25 as per Schedule I, Article 1.
(C) No Ad Valorem Fee
- Unlike a civil appeal, where the court fee is based on the value of the subject matter (ad valorem), a civil revision usually attracts only a fixed fee irrespective of the claim amount.
- This is because revisions are supervisory and not appellate proceedings.
(D) Documents Requiring Stamps
Apart from the petition itself, the following documents may also require court fee stamps:
- Vakalatnama (Advocate’s authority): typically ₹10–₹20
- Affidavits: ₹10–₹20
- Miscellaneous applications (stay, exemption, condonation of delay): fixed fee
4. Court Fees in Criminal Revision Petitions
Criminal revisions are filed under Sections 397–401 CrPC. They challenge orders of Magistrates or Sessions Courts relating to convictions, sentences, interim maintenance orders, or other criminal proceedings.
(A) Governing Provision
- The Code of Criminal Procedure does not itself prescribe court fees.
- However, Section 4 of the Court Fees Act, 1870 applies to “any application or petition presented to any civil, criminal or revenue court”.
- State Acts generally exempt criminal matters from heavy fees.
(B) Quantum of Fee
- In most States, criminal revisions attract a nominal fixed fee.
- Typically ₹2 to ₹50 depending on State amendments.
- Example:
- In Madhya Pradesh, as per Article 11 of Schedule II, the fee for a criminal revision to the High Court is ₹50.
- In Maharashtra, a criminal revision petition in the High Court attracts a fixed fee of ₹5.
(C) Reason for Nominal Fee
- Criminal proceedings concern life and liberty; access to justice must be inexpensive.
- Hence, legislatures prescribe very low fees for criminal revisions to ensure affordability.
5. Additional Payments or Costs
While the court fee on the petition itself may be small, litigants may incur other expenses:
- Process Fee: For service of notice to the opposite party.
- Copying Fee: For obtaining certified copies of lower court orders.
- Miscellaneous Applications: Stay applications, condonation of delay, etc., may require separate fixed court fee stamps.
6. Exemptions from Court Fee
Certain categories of litigants or cases may be exempt from paying court fee, such as:
- Indigent persons: Under Order XXXIII CPC (for civil) and Section 439 CrPC (for criminal bail), applications by indigent persons may be exempt or reduced.
- Government Departments: Often exempt from paying court fees under specific notifications.
- Public Interest Litigations: Usually exempt or minimal fixed fee.
It’s important to consult the State’s Court Fees Act and the High Court Rules for exact exemptions.
7. Practical Aspects of Filing Revision Petitions with Court Fees
(A) Affix Correct Court Fee at the Time of Filing
- The Registry of the High Court will not number the petition unless proper court fee stamps are affixed.
- If insufficient fee is paid, the court may return the petition for rectification.
(B) Payment Modes
- Court fees can be paid via court fee stamps or e-stamp (online) in many States.
- Some High Courts have adopted e-payment modules through court websites.
(C) Vakalatnama and Affidavit
- Ensure the advocate’s vakalatnama bears the required court fee stamp.
- Affidavits accompanying the revision also need to be stamped.
8. Court Fee for Interlocutory Applications in Revision
Along with the revision petition, parties often file interlocutory applications, such as:
- Stay of proceedings or execution
- Suspension of sentence
- Exemption from personal appearance
- Condonation of delay
Each of these applications may attract a separate fixed court fee, generally ₹10–₹50 depending on the State Act.
9. Case Law on Court Fees in Revision Petitions
Several judgments have clarified the position of court fees in revision petitions:
- P.K. Unni v. Nirmala Industries (1990 AIR SC 933) – The Supreme Court highlighted that court fee must be as per the relevant State Act; High Courts cannot insist beyond statute.
- State of Maharashtra v. Mishri Lal (1997) – Court reiterated nominal fees for criminal revisions to ensure access to justice.
10. Comparison Table (Illustrative)
| State | Civil Revision Fee | Criminal Revision Fee |
|---|---|---|
| Madhya Pradesh | ₹250 (fixed) | ₹50 (fixed) |
| Maharashtra | ₹25 (fixed) | ₹5 (fixed) |
| Tamil Nadu | ₹500 (fixed) | ₹25 (fixed) |
(Figures are illustrative; always check latest notifications.)
11. FAQs on Court Fees for Revision Petitions in High Court
Q1. Is court fee mandatory for all revision petitions in the High Court?
Yes. Whether civil or criminal, some court fee is mandatory under the applicable State Court Fees Act.
Q2. Is the fee ad valorem or fixed?
It is usually fixed. Civil revisions attract a slightly higher fixed fee than criminal revisions.
Q3. Do I have to pay separate court fees for stay applications?
Yes, most States require a nominal fixed fee for each interlocutory application.
Q4. Are government departments exempt from court fees?
Yes, many State Acts exempt the government from paying court fees, but this varies.
Q5. What if I cannot afford the court fee?
You may apply to be treated as an indigent person or seek exemption under relevant provisions.
Q6. Can the High Court reject a revision for non-payment of court fee?
Yes, the registry will raise objections and the petition will not be registered until court fees are paid.
12. Strategic Tips for Litigants
- Check the State Court Fees Act: Always verify the latest schedule of fees in your State before filing.
- Include Court Fee in Budgeting: Even though nominal, factor in all miscellaneous applications.
- Affix Correctly: Ensure proper affixation of court fee stamps to avoid delays in listing.
- Seek Legal Aid: If you cannot afford the fee, approach legal aid services for exemption guidance.
13. Importance of Paying Correct Court Fees
Paying the correct court fee is not just a procedural formality but a jurisdictional requirement. Courts treat non-payment or insufficient payment seriously:
- The petition can be dismissed or returned.
- Limitation period continues running during rectification.
- Court may impose costs for deliberate non-payment.
Thus, accuracy in court fee compliance is critical for the maintainability of revision petitions.
14. Conclusion
To conclude, there is indeed a court fee payable for revision petitions filed in the High Court, both in civil and criminal matters. However, unlike appeals or suits, the fee is usually a fixed nominal amount prescribed under the relevant State Court Fees Act rather than ad valorem on the subject matter.
For civil revision petitions, the fee is generally higher but still fixed (e.g., ₹250–₹500). For criminal revision petitions, the fee is minimal (₹2–₹50), reflecting the need to keep criminal justice accessible. Apart from the main petition, litigants may also need to pay separate fees for interlocutory applications, affidavits, and vakalatnama.
Understanding and complying with the applicable court fee provisions ensures that the revision petition is admitted without procedural objections and helps avoid unnecessary delays. In essence, correct payment of court fees is a fundamental procedural step in successfully moving a revision petition before any High Court in India.
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
