Section 372 CrPC: No appeal to lie unless otherwise provided

Chapter XXIX

Section 372 CrPC: No appeal to lie unless otherwise provided

Acquittal appeal, criminal appeals, Inadequate compensation appeal, Lesser offence conviction appeal, right to appeal, Statutory right, Victim's right to appeal

New Law Update (2024)

Section 429 BNSS

TRIAL COURT

Punishment

Procedural – Judgment / Sentencing

Cognizable?

Bailable?

Compoundable?

Bare Act Text

No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force.

Important Sub-Sections Explained

Proviso to Section 372

This crucial amendment, introduced in 2008, grants victims the right to appeal against an order of acquittal, conviction for a lesser offence, or imposition of inadequate compensation. It significantly empowers victims by recognizing their direct stake in the outcome of criminal proceedings, ensuring their participation and access to justice in the appellate process.

Landmark Judgements

Mallikarjun Kodagali v. State of Karnataka, (2018) 13 SCC 124:

The Supreme Court clarified that a victim’s right to appeal under the proviso to Section 372 CrPC is an absolute right and does not require seeking ‘leave to appeal’ from the High Court, thereby distinguishing it from appeals filed by the State under Section 378 CrPC.

Satya Pal Singh v. State of M.P., (2015) 15 SCC 613:

This landmark judgment held that a ‘victim’ as defined under Section 2(wa) CrPC has an independent statutory right to prefer an appeal against an order of acquittal under the proviso to Section 372, without having to seek special leave to appeal from the High Court.

Chapter XXIX