SC Ruling Empowers Victims: Right to Appeal Acquittals under Section 372 of CrPC Without State Approval.
- prime8legal
- Jul 1, 2025
- 3 min read
LEGAL INSIGHT: A New Era for Victim Rights in India
In a landmark judgment, the Supreme Court of India has ruled that victims of crimes can independently file appeals against acquittals under Section 372 of the Criminal Procedure Code (CrPC). This power exists regardless of the State’s decision to appeal or not.
This decision is a turning point for victims in cases of cheating, assault, rape, economic offences, and more. At Prime 8 Legal, we believe this ruling is especially significant for clients across Gurgaon and Delhi NCR, where criminal acquittals often go unchallenged due to lack of State initiative.
What the Supreme Court Held
Victims Have an Independent Statutory Right to Appeal acquittals under Section 372 of CrPC
Victims do not need prior permission (leave) of the court to file appeals under Section 372 CrPC (or Section 413 of BNSS).
Right Not Limited to Single Appeal
In cases with multiple victims, each person can individually appeal issues such as inadequate sentencing, lack of compensation, or acquittal of different charges.
Enhances Access to Justice
Victims are now active litigants, not just witnesses or passive observers.
What Is Section 372 of CrPC?
Section 372 (as amended in 2009) allows a "victim" to file an appeal against:
An acquittal
A conviction for a lesser offence
Inadequate compensation
This judgment makes it clear that the victim’s appeal is not subject to Section 378, which requires State approval or leave of the court.
What It Means for Gurgaon & Delhi NCR
Criminal trials in Gurgaon, Saket, Rohini, and Patiala House Courts often see:
White-collar crime acquittals
Sexual assault survivors unable to appeal due to delays by police or prosecution
Domestic violence and property fraud victims sidelined post-trial
This ruling lets victims in Gurgaon or Delhi file their own appeal through a private advocate—no longer dependent on State inertia.
FAQ Section
Can a victim file an appeal against an acquittal in India?
Yes. The Supreme Court has confirmed that under Section 372 CrPC, a victim can directly appeal an acquittal, conviction of a lesser offence, or inadequate compensation.
What is the difference between a complainant and a victim?
A complainant initiates a complaint; a victim is someone who suffers harm or loss due to the crime. Both may be the same person, but legal rights differ.
Is the victim’s appeal limited by court approval?
No. The ruling says no prior leave of court is needed for victims appealing under Section 372.
Can victims hire their own lawyers?
Yes. Victims can engage private legal counsel to file and argue appeals independently of the State.
Do victims have the right to appeal acquittals under Section 372 of CrPC without the State’s involvement?
Yes. The Supreme Court has clearly ruled that victims have an independent and enforceable right to appeal acquittals under Section 372 CrPC, even if the State decides not to appeal. This empowers victims to seek justice through their own legal counsel, ensuring they are not dependent on public prosecutors or State inaction.
Prime 8 Legal’s View
This judgment significantly expands the agency of crime victims in India. Whether you're a survivor of sexual assault, a victim of economic fraud, or have lost a loved one to violence—you now have the power to appeal unjust acquittalsdirectly.
We believe this will strengthen accountability and give victims a real voice in the appellate process.
Need to File a Appeal in Gurugram or Delhi?
At Prime 8 Legal, we help victims:
File appeals against acquittals in Sessions or High Courts
Prepare strong case records and arguments
Navigate timelines under CrPC and BNSS
Pursue compensation, enhanced sentencing, or re-trial
📍 Our criminal litigation team operates across Gurgaon, Delhi NCR, Faridabad, and Punjab & Haryana High Court.
👉 Book a confidential legal consultation with our team today.