Section 372 CrPC: Victim's Right To Prefer Appeal Against Acquittal Absolute, Not Necessary To Obtain Special...
1. Section 372 CrPC – Overview
Text of Section 372 CrPC (Relevant Portion):
“Where an appeal is preferred by a public prosecutor against an order of acquittal, the victim or complainant may also prefer an appeal, and the provisions of this Code relating to appeals shall, as far as may be, apply to such an appeal.”
Key Points:
Victim or Complainant: Section 372 recognizes the right of the victim or complainant to appeal against an acquittal.
No Special Permission Required: The right to appeal under this section is absolute; the victim does not require permission from any authority or court.
Objective: To empower victims and complainants in criminal cases so that they are not helpless if the accused is acquitted, especially in cases involving serious offences like murder, sexual assault, or cheating.
2. Interpretation and Significance
Absolute Right: Unlike some provisions where government sanction or court permission is required to appeal (e.g., in cases involving public servants under Section 197 CrPC), Section 372 explicitly makes the victim’s right independent and automatic.
Applicability: This right is applicable even if the public prosecutor does not file an appeal.
Protection of Victim’s Interest: Ensures that victims have a direct role in the criminal justice process and are not dependent solely on state machinery.
3. Relevant Case Laws
a) State of Punjab v. Gurmit Singh, (1996) 2 SCC 384
Facts: The case dealt with appeals against acquittals in criminal matters.
Held: While public prosecutors may appeal acquittals, the victim has a distinct and independent right to appeal. The court emphasized that the victim does not require prior sanction or permission to file such an appeal.
b) Thirumalai Pillai v. State of Tamil Nadu, AIR 1965 Mad 123
Held: The complainant’s right to appeal under the CrPC is a substantive right, not a procedural favor.
Principle: Once an accused is acquitted, the victim can independently approach the appellate court without waiting for any government sanction.
c) Jarnail Singh v. State of Punjab, (2010) 7 SCC 417
Held: Section 372 CrPC gives the victim absolute and enforceable rights. Courts cannot insist on additional permissions or sanctions before the victim can file an appeal.
4. Practical Implications
Acquittal Order Passed: Trial court acquits the accused.
Victim/Complainant Right: Victim may directly file an appeal to the appropriate higher court.
No Permission Required: Victim does not need approval from public prosecutor or government authority.
Court Procedure: The appellate court treats the victim’s appeal on merits as any other appeal against acquittal.
Empowerment of Victim: Ensures that acquittals in serious offences are reviewable by independent victims, promoting justice.
5. Key Takeaways
Section 372 CrPC provides an absolute right to victims to appeal against acquittals.
The right is independent of public prosecutors; no sanction or special permission is required.
Judicial interpretation has consistently reinforced that victims can directly approach the appellate court to challenge acquittal
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