In a significant judgement, the Supreme Court has clarified that a victim of a crime has the right to file an appeal against the acquittal of the accused under the provision of Section 372 of the Code of Criminal Procedure (CrPC) even if the victim is not the original complainant in the case.
A bench of Justices B.V. Nagarathna and Satish Chandra Sharma delivered the judgement, strengthening the rights of the victim under the Code of Criminal Procedure.
Read also: SC grants right of appeal to complainants of cheque dishonour under CrPC 372
“A victim of a crime has a right to file an appeal under the provision of Section 372 of the CrPC, whether he is the complainant or not,” - Supreme Court
The Court highlighted that the provision of Section 372 - which was added on December 31, 2009 - should be interpreted in a purposive manner, so as to give full effect to the intent of the legislature.
The Court made these observations while hearing a case related to dishonour of a cheque under Section 138 of the Negotiable Instruments Act. The bench ruled that the complainant in such cases should also be treated as a victim under Section 2(va) of the CrPC (now Section 2(y) of the Indian Civil Defence Code - BNSS), making them eligible to file an appeal under the provision of Section 372.
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“Even if the victim of an offence is the complainant, he can still proceed under the provision of Section 372 and need not follow subsection (4) of Section 378 of CrPC,”- Supreme Court
Wide definition of victim: The court held that the term victim under Section 2(wa) has a wide meaning. Victims can include any person who has suffered loss as a result of the offence – not necessarily only the complainant.
Unconditional right to appeal: The right conferred under the provision of Section 372 is absolute and does not depend on any condition unlike the rights of appeal under Section 378, which require the permission of the court.
Parity with the rights of the accused: A person convicted under Section 374 CrPC can appeal without any condition. Similarly, the victim should also enjoy this right without any impediment.
Independent of the role of the State: In cheque dishonour cases, the State usually plays no role. The complainant files a case under Section 200 CrPC, and thus, is seen as a private victim entitled to appeal.
“Insistence on seeking special leave to appeal under Section 378(4) would defeat the very purpose of Parliament’s intention under the provision of Section 372,” - Supreme Court
Better rights for victims: Unlike the complainants or the State, victims now have a different and better right to file an appeal under Section 372, thanks to the specific provision added by Parliament.
Case : M/s Celestium Financial v A Gnanasekaran
Appearances - For petitioner - Danish Zubair Khan, Advocate
For Respondents : G Sivabalamurugan, Advocate
