IBC Code: Complete Overview and Drafting Workshop. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Salil Kumar Adv   17 March 2023

appeal by victim in District and sessions court

Dear Sirs
In a criminal case, Learned magistrate acquitted the accused . Offence was u / ട 326 IPC . State does not file appeal. Now the victim intends to file appeal. Whether the a
ppeal lies before the District and sessions Court or high court ? under what provision of CrPC ?


 3 Replies

RAKESH ISHI   17 March 2023

If the victim intends to file an appeal against the acquittal of the accused, the appeal can be filed before the High Court under Section 378(4) of the Code of Criminal Procedure (CrPC), 1973.


According to this provision, any person, including the victim, aggrieved by an order of acquittal passed by a court other than a High Court, may file an appeal before the High Court. In this case, since the order of acquittal was passed by a learned Magistrate, the victim can file an appeal before the High Court.


It is important to note that the appeal must be filed within the specified time limit mentioned in Section 378(3) of the CrPC, which is generally 90 days from the date of the order of acquittal

Dr J C Vashista (Advocate)     18 March 2023

Read proviso to Section 372 CrPC and proceed.

Anand Bali Adv. (Advocate Solicitor & Consultant)     18 March 2023

Victim can file appeal in the Session Judge Court by himself.under Sec 378 CrPC.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Post a Suggestion for LCI Team
Post a Legal Query