New Delhi, June 6, 2025 

In a significant ruling aimed at strengthening victim rights in the criminal justice system, the Supreme Court has held that a victim of an offence can file an appeal against the acquittal of an accused under the proviso to Section 372 of the Code of Criminal Procedure (CrPC)  even if they are not the complainant in the case.

 

A division bench comprising Justice BV Nagarathna and Justice Satish Chandra Sharma clarified that the 2009 amendment to CrPC, which inserted the proviso to Section 372, was intended to grant victims an absolute and unconditional right to appeal against acquittals, inadequate sentences, or bail grants.

 

“The object and reason for the insertion of the proviso must be realised and given full effect. The victim of an offence has the right to prefer an appeal, irrespective of whether they initiated the complaint,” the bench observed.

 

 

The judgment came while deciding whether a complainant in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881 qualifies as a “victim” under Section 2(wa) of CrPC and can file an appeal under Section 372. The Court ruled in the affirmative, noting that a payee whose cheque is dishonoured suffers direct harm and thus qualifies as a “victim”.

Key Takeaways from the Judgment

• No need to be a complainant: A person harmed by the offence — even if not the original complainant — can appeal an acquittal.

• No special leave needed: Unlike appeals under Section 378, a victim’s appeal under Section 372 does not require prior permission from the High Court.

• Victim’s rights elevated: The Court stated that Parliament intended to place a victim’s right to appeal at a higher pedestal than even the complainant or State’s right under Section 378.

• Involvement of State not mandatory: Particularly in cheque dishonour cases, where prosecution is typically private, the victim’s right to appeal remains unaffected by the State’s decision.

 

The Court emphasized that the definition of “victim” is broad and includes not only those who suffer physical injury but also financial or reputational harm.

 

 

The ruling provides clarity on the scope of Section 372 CrPC and reinforces the legal standing of victims to independently seek justice. It also ensures that justice is not solely dependent on the State machinery and empowers individuals affected by offences to pursue legal remedies effectively.