Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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lostkite   16 December 2016

Complainant vs victim (state?)

State appealed in criminal aquittal in sessions court. 

what status can state referred to ? whether victim or complainant?

does state dont need to get special leave from HC?

under which provision state allowed to file appeal 372 or 378 ?


 2 Replies

Zoheb Khatri (Practicing in Mumbai     16 December 2016

If state it will be CrPC 378

If Complainanat it will be CrPC 372

lostkite   16 December 2016

Hi Zoheb, 

thanks for your reply

could you be more specific. as u say state can be filed under 378 crpc. "but as per 378 complainant can file appeal after special leave from HC".so here complainant to be considered as STATE. it will obsolute contrast to the below then. 

and as u stated complainant under 372 provisio: "but as under 372 victim was specifically mentioned in law".



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