[S.419(4) BNSS] Only If Complainant Is Not 'Victim' Of Crime, Leave To Appeal Against Acquittal Is Required: Rajasthan High Court

Rajasthan High Court has clarified that in cases where the complainant is a 'victim' of crime, as defined under Section 2(y) of BNSS, s/he is not required to prefer an application before the High Court seeking leave to appeal against acquittal, as is provided under Section 419(4) of BNSS.

Section 419(4), BNSS, provides that in a situation where an acquittal order is passed in a case, the complainant can appeal against the same to the high court after the high court grants a special leave to appeal to that effect.

The bench of Justice Birendra Kumar clarified that a leave to appeal was required by the complainant, as mentioned under Section 419(4), in cases where the complainant was not the victim. Since criminal proceedings could be set in motion by anyone having knowledge of commission of any cognizable offences, if a complaint was filed by a person who was not a victim, then such person would need a leave of appeal under this provision.

The Court was hearing an application for grant of leave to prefer an appeal filed by the complainant who was the victim in a case of cheque dishonour and the respondent was acquitted of the charge.

The Court observed that the applicant was a victim under Section 2(y), BNSS, and thus, the appeal should have been filed before the concerned district and sessions judge. The Court referred to Section 413, BNSS and held that as per Section 413, BNSS, no leave was needed by a victim to prefer an appeal before the appellate forum.

Further, the Court also mentioned the Supreme Court cases of Mallikarjun Kodagali v State of Karnataka & Ors. and Joseph Stephen & Ors. v. Santhanasamy & Ors and observed that in these cases, Apex Court had ruled that victim had a statutory right to appeal and thus was not required to pray for grant of special leave to appeal.

In this background, the Court opined that the leave of appeal was required by a complainant that was not a victim and held that,

“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 applicant was asked to present an appeal before the concerned Sessions Judge and the leave to appeal was disposed of.

Title: Ashraj Stone Private Limited v Karav International

Citation: 2024 LiveLaw (Raj) 297

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