Delhi High Court: Victim may appeal acquittal or lesser conviction without leave

The Delhi High Court issued a judgment clarifying that a victim of an offence does not need to seek leave to appeal against an order of acquittal or a conviction for a lesser offence, thereby affirming the constitutional validity of the proviso to Section 372 of the CrPC and Section 413 of the BNSS.

Who it concerns: Victims of offences, accused persons, the State, and complainants involved in criminal proceedings under the Code of Criminal Procedure, 1973 (CrPC) or the Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS).

What the document says

• The Court held that the proviso to Section 372 of the CrPC and Section 413 of the BNSS is not unconstitutional.
• The Court rejected the argument that the proviso creates discrimination between the State and the victim regarding the right to appeal.
• The Court ruled that the right of a victim to prefer an appeal cannot be equated with the right of the State or the complainant to prefer an appeal.
• The Court stated that the statutory rigours for filing an appeal by the State or a complainant against an order of acquittal cannot be read into the proviso to Section 372 of the CrPC.

Also in the document

• The judgment references the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025) to support the distinction between the rights of victims and the State.
• The petition was filed by Shivdhar Upadhyay against the Union of India and others, challenging an order by the Additional Sessions Judge in Saket District Courts, Delhi.
• The underlying case involved an FIR under Section 509 IPC lodged at PS Neb Sarai, Delhi, where the petitioner was acquitted by a Magistrate.