A Review in Criminal Law means asking the same court to reconsider or re-examine its judgment in a criminal case. However, unlike civil cases, criminal courts in India generally do not have the power to review their judgments.
1. Legal Position in Criminal Law
Under the Code of Criminal Procedure, 1973, criminal courts cannot review their own judgments once they are signed, except to correct minor clerical errors.
This rule is provided in Section 362 CrPC.
Section 362 CrPC
Once a judgment or final order is signed, the court cannot alter or review it, except for correcting clerical or arithmetical mistakes.
2. Alternative Remedies Instead of Review
Since review is mostly not allowed in criminal matters, the following remedies are used:
1 Appeal
A person can file an appeal before a higher court.
Example:
- Magistrate ? Sessions Court
- Sessions Court ? High Court
- High Court ? Supreme Court
2 Revision
Under Code of Criminal Procedure, 1973, higher courts can examine the correctness or legality of the order.
3 Curative / Review in Supreme Court
Only the Supreme Court of India has the power to review its own judgments under Constitution of India.
3. Correction Allowed by Criminal Court
A criminal court may correct:
- Typographical error
- Clerical mistake
- Mathematical mistake
But it cannot change the judgment itself.
4. Important Case Law
The Supreme Court clarified this in State of Kerala v. M.M. Manikantan Nair, stating that criminal courts do not have power to review their judgments except as provided under law.
Example:
If a Magistrate convicts a person and later realizes a legal mistake, the Magistrate cannot review the judgment. The accused must file an appeal before the Sessions Court.
