The order or sentence below

Revision starts with a finding, sentence or order of a criminal court below. Common examples are a Magistrate's order taking cognizance, refusing to discharge the accused, cancelling bail or deciding a land dispute under s.145, and a conviction carrying only a small fine. Since the 2026 amendment, no appeal lies where a Court of Session or first-class Magistrate imposes only a fine of up to Tk 5,000, or where a summary trial ends in a fine of up to that amount. For those cases revision is the only challenge.

Apply for a certified copy of the order and the order sheet at once, because every later step depends on them.

Where: Chief Metropolitan Magistrate's Court · Time: Same day to 2 weeks for certified copies · Law: s.435(1) CrPC; ss.413-414 CrPC (as amended by Act XI of 2026); s.145 CrPC · Documents: Impugned order, Order sheet of the case, Application for certified copies

Tip: Note the date of the order and the date you applied for copies. Both will be needed to explain any delay later.

Appeal decided by the Sessions Judge

Many revisions in the High Court Division challenge a Sessions Judge's appellate judgment. A person convicted by a Magistrate, or by a Joint Sessions Judge with a sentence of five years or less, appeals to the Sessions Judge under s.408. Under s.430 that appellate judgment is final except for the revision powers in Chapter XXXII, so there is no further appeal. The convict who lost the appeal, the State or the complainant then goes to the High Court Division in revision.

Orders the Sessions Judge passes during a sessions trial, such as framing charge or refusing to recall a witness, can also be revised.

Where: Metropolitan Sessions Judge's Court · Time: Judgment date; copies within 1-3 weeks · Law: s.408 CrPC; s.409 CrPC; s.430 CrPC; s.435(1) CrPC · Documents: Certified copy of the appellate judgment, Trial court judgment, Memorandum of appeal

Check that revision is the right remedy

The lawyer first asks whether an appeal lies. Under s.439(5), where an appeal lies and none is brought, the party who could have appealed cannot use revision instead. Revision is also not a rehearing of the evidence. The court examines the correctness, legality or propriety of a finding, sentence or order, and the regularity of the proceedings. Typical grounds are want of jurisdiction, misreading or ignoring material evidence, breach of a mandatory procedure, or an order without reasons.

Unlike the Indian Code, the Bangladesh Code has no bar on revising interlocutory orders, but the High Court Division interferes with them sparingly.

Where: Advocate's chamber · Time: 1-7 days · Law: s.404 CrPC; s.435(1) CrPC; s.439(5) CrPC · Documents: Certified copies of the orders below, Case chronology

Tip: Do not file a revision where an appeal lies. It will be rejected under s.439(5), and the appeal period may run out meanwhile.

Choose the forum

The High Court Division and the Sessions Judge share revisional power over inferior criminal courts in the district under s.435, and every Magistrate counts as inferior to the Sessions Judge. The choice matters. If the applicant goes to the Sessions Judge, that decision is final for the applicant under s.439A(2), and s.439(4) bars the High Court Division from revising it. A Sessions Judge's own orders can be revised only by the High Court Division, as can a Special Judge's orders in corruption cases, under s.10(1A) of the Criminal Law Amendment Act 1958.

A criminal revision in High Court is therefore chosen where the order is a Sessions Judge's or Special Judge's, or the issue is serious.

Where: Advocate's chamber · Time: 1-7 days · Law: s.435(1) CrPC; s.439(4) CrPC; s.439A(2) CrPC; s.10(1)-(1A) Criminal Law Amendment Act 1958 · Documents: Note of the court that passed the order, Any earlier revision orders

Collect certified copies and watch the time

The petition must annex certified copies of the impugned order and the relevant order sheet, the FIR or complaint, the police report, the charge, the evidence and any judgments below. No statute fixes a limitation period for a criminal revision. In practice the High Court Division expects filing within about 60 days, the period for an appeal to it under Article 155 of the Limitation Act, and wants any longer delay explained on affidavit with dates. Time spent waiting for certified copies is usually accepted as an explanation.

A convict who has surrendered or is in custody should say so, because the Bench will ask.

Where: Advocate's chamber · Time: 1-4 weeks · Law: Article 155 Limitation Act 1908 (by analogy); s.435 CrPC · Documents: Certified copies of all orders and judgments, FIR or complaint petition, Police report or charge sheet, Depositions, if relevant

Tip: Unexplained delay is one of the commonest reasons for summary rejection. Keep the receipts for every copy application.

Draft and file the revision petition

The petition is headed as an application under s.439 read with s.435 CrPC. It names the petitioner and the opposite parties, usually the State and the complainant or informant. It sets out the facts and numbered grounds, and asks for a Rule and any interim order such as a stay, bail or suspension of sentence. It is verified by affidavit, signed by an Advocate of the High Court Division and filed with the vakalatnama in the criminal section of the Supreme Court registry.

A copy goes to the Attorney General's office, whose Deputy or Assistant Attorneys General represent the State.

Where: High Court Division · Time: 1-2 weeks · Law: s.435 CrPC; s.439 CrPC; Supreme Court of Bangladesh (High Court Division) Rules 1973 · Documents: Revision petition with grounds, Affidavit, Vakalatnama, Annexed certified copies, Application for stay or bail

Motion hearing before the Bench

The petition is listed for motion before a Bench, single or Division as the Chief Justice's assignment provides, that has jurisdiction to hear criminal revisions under Article 107(3). The petitioner's lawyer briefly argues why the order below is wrong, and the State's law officer may respond. No party has a right to be heard in revision, but in practice the Bench hears counsel.

It can reject the petition summarily, or issue a Rule calling on the opposite parties to show cause why the order should not be set aside, and it usually calls for the lower court records. A criminal revision in High Court is won or lost at this stage more often than clients expect.

Where: High Court Division · Time: 1-6 weeks from filing · Law: s.435(1) CrPC; s.439(1) CrPC; s.440 CrPC; Article 107(3) Constitution · Documents: Revision petition, Cause list entry, Brief note of submissions

Stay, bail and the lower court record

When issuing the Rule, the Bench may stay further proceedings in the lower court, or suspend a sentence and release a convict on bail or on his own bond while the Rule is pending. Stays are normally granted for a fixed period, often six months, and lapse unless extended. The order is sent to the lower court, which must stop the proceedings for that period and send its records to the High Court Division.

If the petitioner does not take steps to serve the Rule, the stay may be vacated or the Rule discharged for default.

Where: Chief Metropolitan Magistrate's Court · Time: 1-4 weeks for the order to reach the lower court · Law: s.435(1) CrPC; s.439(1) CrPC; s.426 CrPC · Documents: Certified copy of the stay or bail order, Bail bond, if released, Requisites for service

Tip: Diary the expiry date of the stay. Apply to extend it a few weeks before it lapses, not after.

Service of the Rule and reply

The Rule is served on the opposite parties through the lower court and, for the State, on the Attorney General's office. The complainant or informant may file an affidavit-in-opposition with documents, and the petitioner may answer with an affidavit-in-reply. No order adverse to the accused, such as an enhanced sentence, can be made unless the accused has had an opportunity to be heard in person or through a lawyer. If enhancement is in issue, the convict may also argue against the conviction itself.

Where: High Court Division · Time: 1-6 months · Law: s.439(2) CrPC; s.439(6) CrPC · Documents: Affidavit-in-opposition, Affidavit-in-reply, Service return

Waiting for the hearing

Once the Rule is ready, it waits to appear in the daily cause list of a Bench with the right jurisdiction. Section 442A says a revision should be disposed of within 90 working days from service of notice on the parties. In practice the High Court Division treats this limit as directory, and many Rules wait one to three years. The lawyer can apply to have the matter listed out of turn where the petitioner is in custody or a trial has been stayed for a long time.

The stay must be kept alive by applying to extend it before it expires.

Where: High Court Division · Time: 6 months to 3 years · Law: s.442A(2)-(3) CrPC · Documents: Application for extension of stay, Application for early hearing

Hearing of the Rule

At the hearing both sides argue from the lower court records. In revision the High Court Division can use an appellate court's powers under ss.423, 426, 427 and 428. These include ordering a retrial, taking additional evidence, and reducing or enhancing a sentence. Two limits apply. It cannot convert an acquittal into a conviction. Where a Magistrate passed the sentence, it cannot impose more than a Metropolitan or first-class Magistrate could. It does not reassess the evidence unless the court below misread or ignored material evidence, causing a failure of justice.

Where: High Court Division · Time: 1-3 hearing days · Law: s.439(1) CrPC; s.439(3)-(4) CrPC; ss.423 and 428 CrPC · Documents: Lower court records, Compilation of authorities, Written submissions, if asked

Judgment: Rule absolute or discharged

The Bench delivers judgment either making the Rule absolute, which sets aside or modifies the order below, or discharging it, which leaves the order standing and vacates any stay. It may also dispose of the Rule with directions, for example that the trial court conclude a trial within a fixed time. If the two judges are equally divided, the case goes to a third judge under s.429, and the judgment follows that judge's opinion. A certified copy of the signed judgment can then be obtained from the registry.

Where: High Court Division · Time: Same day to a few months after hearing · Law: s.439(1) CrPC; s.429 CrPC · Documents: Signed judgment, Certified copy of the judgment

Certified to the lower court and complied with

The High Court Division certifies its decision to the court that passed the order. Where a subordinate Magistrate is involved, it goes through the Chief Metropolitan or Chief Judicial Magistrate. The lower court must then make orders that conform to the decision and amend its record. That can mean restarting a stayed trial, discharging the accused, recalling a warrant or carrying out a modified sentence. The successful party should file a copy of the judgment in the court below promptly, because lower courts often wait for the official copy before acting.

Where: Chief Metropolitan Magistrate's Court · Time: 2 weeks to 3 months · Law: s.442 CrPC; s.425 CrPC · Documents: Certified copy of the High Court Division judgment, Application to the lower court to act on it