Source: Karnataka High Court

Why in News?

Justice S Rachaiah observed that the State cannot exercise the jurisdiction which is meant for victims under Section 372 of Code of Criminal Procedure, 1973 (CrPC).

• Karnataka High Court gave this observation in the case of State of Karnataka v. Malleshnaika.

What is the Background of State of Karnataka v. Malleshnaika?

• The accused was charged under several sections of Indian Penal Code, 1860 (IPC) for assaulting his wife and mother of his wife.
• The Trial Court and Appellate Court acquitted the accused.
• Hence, the State filed a revision petition under Section 372 of CrPC before the Karnataka HC.

What were the Court’s Observations?

• Karnataka HC observed that there is a distinction between the two provisions, the victim has to file an appeal under Section 372 of CrPC, against the order of acquittal. Whereas the State has to file an appeal under Section 378 (1) and (3) of CrPC.

What is Section 372 of CrPC?

• About:
  • Section 372 outlines the general rule that no appeal shall lie from any judgment or order of a criminal court except under certain circumstances or unless otherwise provided for by law.
  • In essence, it establishes a principle of finality for the decisions of criminal courts, but with specific exceptions.
  • The right to appeal under Section 372 is conferred to the victim only.
• Appellate Jurisdiction:
  • The section recognizes that the right of appeal is an essential aspect of the judicial process, allowing victims dissatisfied with a judgment or order to seek review by a higher court.
• Judicial Review:
  • The provision acknowledges the importance of providing opportunities for judicial review to ensure that justice is served and that individuals have recourse if they believe there are errors or injustices in the lower court's decision.

What is Another Legal Provision Involved in the Case?

• Section 378 (1) and (3) of CrPC: Appeal in case of Aquittal -
  • (1) Save as otherwise provided in Sub-Section (2) and subject to the provisions of Sub-Sections (3) and (5),
    • The District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;
    • The State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court [not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision.
  • (3) No appeal under Sub-Section (1) or Sub-Section (2) shall be entertained except with the leave of the High Court.