Inclusion of Victim's Right to Appeal Against Acquittal

Source: Kerala High Court 

Why in News? 

Justice Bechu Kurian Thomas in the case of Gopala Krishnan v. State of Kerala and Ors. (2025) held that a victim cannot file a second appeal against the acquittal of an accused by seeking special leave from the High Court as per Section 419(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).  

What was the Background of Gopala Krishnan v. State of Kerala and Ors. (2025) Case? 

• The petitioner had alleged that the accused had committed offences under Sections 420 and 415 read with Section 34 of the Indian Penal Code, Sections 17 and 18 of the Kerala Money Lenders Act, 1958 and Section 4 read with Section 76(1) of the Chit Funds Act, 1982. 
• The trial court acquitted the accused of all charges. 
• The victim filed an appeal before the Sessions Court under Section 413 of the BNSS against the trial court's acquittal. 
• The Sessions Court dismissed the victim's appeal and affirmed the trial court's order of acquittal. 
• At this juncture, the victim sought to file a second appeal before the Kerala High Court by seeking special leave under Section 419(4) of the BNSS. 
• The Registry noted a defect stating that a second criminal appeal by the same appellant is not maintainable. 
• The victim/petitioner challenged this defect noted by the Registry, contending that they had a right to file the second appeal. 

What were the Court's Observations? 

• The Court relied on the Supreme Court's decision in Asian Paints Limited v. Ram Babu and Another (2025) to emphasize that once the appellate remedy is invoked by the victim, the same party cannot prefer another appeal in the form of a second appeal. 
• The Court observed that after filing an appeal under Section 413 of the BNSS before the Sessions Court, another appeal cannot be preferred by the same appellant under Section 419(4) of the BNSS against the order confirming the acquittal. 
• The Court rejected the contention that the victim has a right to appeal against every order of acquittal and orders affirming acquittal. 
• The Court clarified that as per the proviso to Section 413, the victim has the right to prefer 'an appeal' and not 'appeals', and this right cannot be extended to an order affirming an earlier acquittal of the accused. 
• The Court distinguished this position from the appellate jurisdiction of the Supreme Court under Articles 132, 134 or even the Special Leave Petition under Article 136 of the Constitution. 
• The second appeal was found to be not maintainable and the defect noted by the Registry was upheld. 
• The Court observed that the time spent by the petitioner in pursuing the leave petition would be excluded from the limitation period. 

What is Section 419 of BNSS? 

Section 419 - Appeal in Case of Acquittal 

Appeals by District Magistrate/State Government: 

• District Magistrate can direct Public Prosecutor to appeal to Sessions Court from Magistrate's acquittal order in cognizable and non-bailable offences. 
• State Government can direct Public Prosecutor to appeal to High Court from acquittal orders (original or appellate) passed by courts below High Court. 
• High Court's leave is required for such appeals under sub-sections (1) and (2). 

Appeals in Central Act Cases: 

• Central Government has similar powers when offence is investigated by central agencies under Central Acts. 
• Can direct appeals to Sessions Court (from Magistrate's order) or High Court (from other courts' orders). 

Complainant's Right to Appeal: 

• Complainant can seek special leave from High Court to appeal against acquittal order under sub-section (4). 
• This applies to cases instituted upon complaint. 

Time Limits for Complainant: 

• Public servant complainants: 6 months from acquittal order. 
• Other complainants: 60 days from acquittal order. 

Bar on Multiple Appeals: 

• If complainant's special leave application is refused by High Court, no appeal can be filed by District Magistrate/State/Central Government under sub-sections (1) or (2).