Source: Rajasthan High Court  

Why in News? 

Recently, the Rajasthan High Court in the matter of Vikram Manshani v Praveen Sharma has held that a victim is not required to file an application for leave to file an appeal in criminal cases. 

What was the Background of the Vikram Manshani v Praveen Sharma Case? 

• In this case, the respondent was charged with Section 138 of Negotiable Instrument Act (NI). 
• The application for a grant of leave to file an appeal has been filed by the applicant against the order of the Trail Court. 
• It was contented by the applicant that it was not disputed that the cheque was issued in favour of the applicant. 
• The Applicant filed the application as per Section 419 of Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) for seeking leave to file an appeal. 
• The application was filed before the Rajasthan High Court. 

What were the Court’s Observations? 

• The Rajasthan High Court observed that it was contented by the applicant that it was not disputed that the cheque was issued in favour of the applicant. Therefore, the applicant himself is a victim as per Section 2(y) of BNSS. 
• It was further observed by the Rajasthan High Court that as per Section 413 of BNSS the victim shall have right to prefer an appeal before the appellate forum and for preferring appeal no leave is needed.  
• Therefore, the present appeal should have been filed before the District and Sessions Judge concerned. 
• The Rajasthan High Court rejected the present appeal and ordered the applicant to file a regular appeal as no leave of the court is required in the present case. 

What are the Provisions under BNSS for Victims? 

• Section 2(y): "victim" means a person who has suffered any loss or injury caused by reason of the act or omission of the accused person and includes the guardian or legal heir of such victim. 
• Section 413: No appeal to lie unless otherwise provided 
  • No appeal shall lie from any judgment or order of a Criminal Court except as provided for by his Sanhita or by any other law for the time being in force:  
  • Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.