Victims Independent Right to Appeal: Supreme Court Empowers Victims Under CrPC
- prime8legal
- Jul 9, 2025
- 2 min read
The Supreme Court of India recently ruled that victims independent right to appeal against acquittal is protected under the proviso to Section 372 CrPC (corresponding to Section 413 BNSS), even if they weren’t the complainant. This landmark decision strengthens victim-centric justice in Gurgaon, Delhi NCR, and across India.
What Does victims independent right to appeal Mean?
In M/s Celestium Financial v. A Gnanasekaran, the Court clarified that a person defined as a “victim” under Section 2(wa) CrPC can invoke victims independent right to appeal under the proviso to Section 372 without fulfilling conditions applicable to complainants under Section 378(4) CrPC.
Why This Ruling Matters
Equates victims to appellants: Just like convicted accused under Section 374, victims can now appeal acquittals without restrictions .
Unconditional right: No requirement for leave from High Court—victims independent right to appeal is absolute.
Empowers wronged parties: A cheque dishonour victim (under Section 138 NI Act) exemplifies this right.
HOW PRIME 8 LEGAL CAN HELP
At Prime 8 Legal in Gurgaon & Delhi NCR, we guide victims through:
Filing appeals under Section 372/413 CrPC
Crafting strong legal arguments
Navigating appellate procedures efficiently
Steps to File Under victims independent right to appeal
Identify yourself as a “victim” per Section 2(wa) CrPC
Reference the proviso to Section 372 CrPC / Section 413 BNSS (2009 amendment)
Submit appeal against acquittal with basic grounds
No need for prior leave from High Court
Frequently Asked Questions
Q1: Who qualifies as a “victim” under CrPC?
Any person who suffered due to an offence (e.g., cheque bounce under S 138 NI Act) is a “victim” under Section 2(wa) CrPC.
Q2: Can a complainant use victims independent right to appeal instead of Section 378?
Yes. The Supreme Court held that victims independent right to appeal is available regardless of complainant status.
Q3: Is leave of the High Court required?
No — victims independent right to appeal is absolute; no prior permission is needed.
Q4: How can Prime 8 Legal assist?
We help with drafting the appeal, legal grounds, timelines, and representation throughout the appellate process.
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