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Code of Criminal Procedure

  • 13 May, 2024

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DIFFERENCE BETWEEN APPELLATE AND REVISIONAL JURISDICTION

DIFFERENCE BETWEEN APPELLATE AND REVISIONAL JURISDICTION

 

 

Characteristics

 

Appellate Jurisdiction

Revisional Jurisdiction

Scope

Limited to errors of law or fact

Wider powers to correct irregularities and improprieties of procedure

Initiation

Requires an aggrieved party to appeal

Can be initiated by any party or even a stranger (third party)

Interference

Can only interfere if satisfied with the guilt of the accused

Can interfere if there has been a miscarriage of justice

Stages

Can only interfere at final stages of a case

Can interfere at any stage of a pending trial, including interlocutory stages

Conversion

| Can convert an acquittal into a conviction or vice versa

Cannot convert a finding of acquittal into one of conviction

Opportunity to be heard

Requires a reasonable opportunity for the appellant to be heard

Requires opportunity for accused/other person to be heard before passing an order to their prejudice

Original Jurisdiction

| No original jurisdiction

Can exercise original jurisdiction in cases where no appeal is provided or has failed to secure fair justice

 

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