Can a victim appeal against acquittal of the accused in a criminal case?

Question

The accused in a case where I was the victim has been acquitted by the trial court. Do I have an independent right to appeal this? I would like to understand which provision governs this, what it entitles me to, and how long I have before the remedy lapses. I also want to know whether I need a lawyer for this or can do it myself.

MyVakeel Legal Desk · Accepted Answer

In India, the answer to "Can a victim appeal against acquittal of the accused in a criminal case?" turns on BNSS 2023 s.413 and BNSS 2023 proviso to s.413. The points below set out the position and then what to do about it, in the order it should be done.

Under BNSS s.413, a victim has the statutory right to file an appeal against an order of acquittal, against a conviction for a lesser offence, or against inadequate compensation, without needing the State's leave in most cases.

This right was earlier available only with special leave of the High Court under the old CrPC framework in many situations, and BNSS has strengthened the victim's independent right of appeal.

The appeal must generally be filed before the same appellate forum where a State appeal against the acquittal would lie, i.e., the High Court, within the prescribed limitation period.

The victim (or in case of death, legal heirs) can engage their own counsel independent of the Public Prosecutor to argue such appeals.

Delay beyond the limitation period requires a condonation of delay application with sufficient cause explained to the court.

What to do next: 1) Obtain the certified copy of the trial court's judgment of acquittal promptly; 2) Engage counsel to draft and file the victim's appeal under s.413 before the High Court; 3) File within limitation, or with a delay condonation application if needed; 4) Pursue the appeal independently while coordinating with the Public Prosecutor where useful.

If you are unsure whether your facts fall inside BNSS 2023 s.413, that is worth checking with an advocate before you commit to a route, because switching later costs time. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in criminal law.