“Victims Of Crime, Their Heirs Can File Appeal Against Acquittal Of Accused”: SC

Supreme Court of India

In a landmark ruling, the Supreme Court has affirmed that crime victims and their legal heirs can challenge the acquittal of an accused in higher courts.

The decision, delivered by a bench of Justices B.V. Nagarathna and K.V. Viswanathan, strengthens victims’ rights by placing them on an equal footing with accused persons who have the statutory right to appeal convictions.

Victims’ Rights On Par With The Accused

The bench observed that the Criminal Procedure Code (CrPC) already grants a convicted individual the right to appeal under Section 374 without restrictions. Victims, it said, must enjoy the same freedom.

“We find the victim has every right to prefer an appeal as against a conviction for a lesser offence or for imposing inadequate compensation or even in the case of an acquittal… as stated in the proviso to Section 372 of CrPC,” the court said.

The judges underlined that this right cannot be diluted. Whether the challenge is to an acquittal, a reduced charge, or an inadequate compensation order, the victim’s voice must be heard.

Scope Of ‘Victim’ Expanded

Significantly, the ruling broadens the definition of a victim for appeal purposes. If a victim dies during the pendency of an appeal, the legal heirs can continue the case. This ensures that justice does not lapse because of procedural or personal circumstances.

The bench explained, “A victim of a crime, whatever be the nature of the crime, must have a right to prefer an appeal as per the CrPC.” This approach ensures continuity of legal redress even in long-running criminal cases.

Background

Prior to 2009, only the State could challenge an acquittal. A key amendment introduced a proviso to Section 372, granting victims a statutory right to appeal. The judgment reinforces this legislative intent and clarifies that this right applies irrespective of whether the victim was the complainant in the case.

The court stated, “The victim of an offence has the right to prefer an appeal under the proviso to Section 372 CrPC, irrespective of whether he is a complainant or not.”