S. 413 BNSS | Victim Does Not Require Special Leave To Appeal Against Acquittal Of Accused: Rajasthan High Court

Rajasthan High Court held that no special leave is required to file an appeal under Section 413 of Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), against an acquittal order wherein the complainant in the case is the victim himself.

The bench of Justice Birendra Kumar observed that Section 413 of BNSS corresponded to Section 372, CrPC where the proviso laid down the right of a victim to appeal against an order of acquittal, or an order convicting the accused for a lesser offence, or imposing inadequate compensation.

The Court further referred to the Supreme Court cases of Mallikarjun Kodagali v State of Karnataka & Ors., and Joseph Stephen & Ors. Vs. Santhanasamy & Ors. in which the Apex Court held that a victim was not required to file for special leave to appeal since she had a statutory right of appeal under proviso to Section 372, CrPC, which did not stipulate any condition of obtaining special leave to appeal.

In this light, the Court observed that, “Evidently, the victim shall have right to prefer an appeal before the appellate forum and for preferring appeal no leave is needed. Therefore, the present appeal should have been filed before the concerned District and Sessions Judge.”

The Court was hearing an application for grant of leave to appeal filed by a complainant in a case under Section 138, NI Act, wherein the accused was acquitted. The counsel for the applicant referred to Section 378(4) of CrPC which provided that in case of an acquittal order, the complainant could file an appeal after taking a special leave of the High Court.

Rejecting this argument, the Court referred to Section 2(y) of BNSS which defined “victim” as a person who suffered any loss or injury due to an act or omission of the accused person.

Hence, the Court said that the complainant was a victim in the case. Based on the above analysis, the following observations were made by the Court:

“The law is well settled that any person can set the criminal proceedings in motion, if he has knowledge of commission of any cognizable offences, such step may be taken by filing an F.I.R. with the police or a complaint petition before a Magistrate. If such complainant, is not a victim as defined above then, he would be required to prefer leave application before the High Court for preferring appeal against acquittal. However, if the complaintant is a victim of the crime, he/she shall have right under Proviso to Section 413 BNSS to prefer appeal against acquittal, conviction for a lesser offence or imposing inadequate compensation.”

Accordingly, the application was rejected by the Court, directing the applicant to file a regular appeal before the concerned District and Sessions judge.

Title: Vikram Manshani v Praveen Sharma

Citation: 2024 LiveLaw (Raj) 209

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