Does a victim need leave to appeal against an acquittal?

No. Under the proviso to section 413 BNSS the victim appeals as of right, unlike the State or a complainant appealing under section 419, who need leave or special leave.

Can the complainant in a cheque bounce case appeal an acquittal as a victim?

Yes. The Supreme Court held in Celestium Financial (2025) that a cheque bounce complainant is a victim and can appeal under the proviso without special leave.

Where do I appeal against an acquittal by a Magistrate at Rohini?

Before the Sessions Court of the same district at Rohini. The Supreme Court held in 2026 that a victim's appeal against a Magistrate's acquittal lies to the Sessions Court, not the High Court.

Can a victim appeal for a higher sentence?

Not under the proviso where the accused was convicted of the offence charged. The victim can appeal a conviction for a lesser offence or inadequate compensation, but enhancement of sentence is for the State.

What happens if the victim dies while the appeal is pending?

The legal heirs can continue the appeal. The Supreme Court held in 2025 that the right of appeal does not end with the victim's death.

What is the time limit for a victim's appeal?

The Limitation Act does not set a period written for victims' appeals, and courts have not settled one. File as soon as possible and in any case within 90 days, with a condonation application if later.

Will the appellate court rehear the witnesses?

Usually not. The appeal is decided on the trial record, though the appellate court can take additional evidence in exceptional cases where it is necessary.

Criminal

Victim's Appeal Against Acquittal: The Proviso to Section 413 BNSS

Yes, a victim can appeal against an acquittal in their own right. The proviso to section 413 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) lets the victim appeal against an order acquitting the accused, convicting for a lesser offence or awarding inadequate compensation, without the leave that a State or complainant appeal needs. The appeal goes to the court that would hear an appeal against conviction: the Sessions Court for a Magistrate's judgment, and the Delhi High Court for a Sessions Court judgment.

For a long time, a victim whose case ended in acquittal had to persuade the State to appeal, or ask the High Court for special leave. The 2009 amendment to the old Code gave victims their own right of appeal, and the BNSS, which replaced the Code of Criminal Procedure on 1 July 2024, keeps it in the proviso to section 413. The Supreme Court has since made the right broader and clearer.

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What the victim can appeal against

The proviso covers three kinds of orders:

an order acquitting the accused;
an order convicting the accused of a lesser offence than the one charged, for example a conviction for causing hurt where the charge was attempt to murder;
an order imposing inadequate compensation for the victim.

A victim cannot use the proviso to appeal for a higher sentence where the accused has been convicted of the offence charged; an appeal for enhancement of sentence is the State's remedy. A victim who wants a higher sentence can, however, support or press the State to file it.

Who counts as a victim

A victim is the person who suffered loss or injury because of the act or omission of the accused, and the term includes the victim's guardian or legal heir. In Mallikarjun Kodagali v. State of Karnataka (2018) the Supreme Court held that the proviso gives the victim a substantive right of appeal and that no leave is needed.

Two later decisions settled questions that had divided High Courts:

In Celestium Financial v. A. Gnanasekaran (2025) the Court held that a complainant in a cheque dishonour case under section 138 of the Negotiable Instruments Act is a victim, and can appeal an acquittal under the proviso without seeking special leave.
In Khem Singh v. State of Uttarakhand (2025) the Court held that if a victim dies while the appeal is pending, the legal heirs can continue it.

In Jagjeet Singh v. Ashish Mishra (2022) the Court also recognised the victim's right to be heard at every stage of the criminal process, including bail, which complements the right of appeal.

Which court hears the appeal

The proviso says the appeal lies to the court to which an appeal ordinarily lies against an order of conviction of the trial court. In Subhas Chandra Sarkar v. State of West Bengal (2026) the Supreme Court held that a victim's appeal against a Magistrate's acquittal must therefore be filed before the Sessions Court, whatever the offence, and not before the High Court. Section 419 BNSS, which governs State and complainant appeals against acquittal, does not apply to the victim's appeal.

Acquittal by a Judicial Magistrate at Rohini: appeal before the Sessions Court of that district at Rohini.
Acquittal by a Sessions Court or Special Court at Rohini (for example an NDPS or POCSO court): appeal before the Delhi High Court.

Filing in the wrong forum loses time. In the 2026 case the Supreme Court gave the victim a month to file before the Sessions Court and directed that the time spent in the wrong forum be disregarded, but a litigant should not count on that indulgence.

Time limits

The Limitation Act sets periods for State appeals and for applications for special leave, but it was written before the victim's appeal existed and does not name it. High Courts have not taken a single view, and some have treated the matter flexibly where a victim pursued the wrong forum in good faith. The safe course is to treat the appeal as urgent: apply for the certified copy of the judgment the day it is pronounced and file well within 90 days. A late appeal must be accompanied by an application for condonation of delay that explains the delay day by day.

Preparing the appeal

An appeal against acquittal is an uphill task. The accused is presumed innocent, the presumption is strengthened by the acquittal, and the appellate court will not reverse merely because another view is possible. It interferes where the trial court's view is perverse, ignores material evidence, misreads the law or rests on inadmissible evidence.

1.Obtain certified copies of the judgment, the depositions, the exhibited documents and the charge.
2.Read the evidence against the judgment, finding each place where evidence was overlooked or misread, and each legal error.
3.Draft grounds that point to those passages precisely, rather than restating the prosecution case.
4.File with an application for summoning the trial court record and, where the accused may abscond, ask for an order securing his presence.
5.Coordinate with the public prosecutor, whose stand the appellate court will want to know.

If the appeal succeeds, the appellate court has three options. It can reverse the acquittal, find the accused guilty and pass sentence; it can order a retrial or further inquiry where the trial was flawed; or, in an appeal against a conviction for a lesser offence or against inadequate compensation, it can alter the finding or increase the compensation. A notice to the acquitted accused is issued before any of this, and he is heard in defence of the judgment.

For related work, see our pages on criminal trials in Delhi, criminal practice at Rohini Court, and the difference between criminal appeal and revision.

Frequently Asked Questions

Common questions

No. Under the proviso to section 413 BNSS the victim appeals as of right, unlike the State or a complainant appealing under section 419, who need leave or special leave.