Chapter XXIX
Section 378 CrPC: Appeal in case of acquittal
New Law Update (2024)
Section 417 BNSS
TRIAL COURT
Magistrate, Court of Session
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Cognizable
Bailable?
Non-bailable
Compoundable?
Bare Act Text
(1) Save as otherwise provided in Sub-Section (2) and subject to the provisions of Sub-Sections (3) and (5), the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence; the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court (not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision).
(2) The District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence.
(3) The State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court (not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision).
(4) If such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946) or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, the Central Government may, subject to the provisions of Sub-Section (3), also direct the Public Prosecutor to present an appeal—
(5) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;
(6) to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court (not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision).
(7) No appeal under Sub-Section (1) or Sub-Section (2) shall be entertained except with the leave of the High Court.
(8) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.
(9) No application under Sub-Section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal.
(10) If, in any case, the application under Sub-Section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under Sub-Section (1) or under Sub-Section (2).
Important Sub-Sections Explained
Section 378(8)
This sub-section empowers a complainant, whose case resulted in an acquittal, to file an appeal before the High Court, provided they first obtain special leave from the High Court. This ensures that genuine grievances of victims are addressed even after an acquittal, subject to the High Court’s discretion.
Section 378(9)
This sub-section prescribes the time limits for a complainant to apply for special leave to appeal against an acquittal. A public servant complainant has six months, while all other complainants must apply within sixty days from the date of the acquittal order, highlighting the importance of timely action.
Landmark Judgements
Ghurey Lal v. State of U.P. (2008):
The Supreme Court laid down comprehensive guidelines for appellate courts while dealing with appeals against orders of acquittal. It emphasized that an appellate court should interfere only when the trial court’s view is perverse, legally unsustainable, or results in a miscarriage of justice, maintaining the double presumption of innocence in favor of the accused.
Chandrappa v. State of Karnataka (2007):
This judgment reiterated the principles governing appeals against acquittal, affirming that while the High Court has full power to review the evidence and reverse an acquittal, it must exercise this power with due caution and circumspection, giving proper weight and consideration to the findings and reasoning of the trial court.
Draft Format / Application
IN THE HIGH COURT OF ______________ AT ________________
(Criminal Appellate Jurisdiction)
Criminal Appeal No. ______ of 20___
IN THE MATTER OF:
[Complainant’s Name]
S/o [Father’s Name],
R/o [Address]
…APPELLANT
VERSUS
1. The State of [State Name]
2. [Accused’s Name]
S/o [Father’s Name],
R/o [Address]
…RESPONDENTS
APPLICATION FOR SPECIAL LEAVE TO APPEAL UNDER SECTION 378(8) OF THE CODE OF CRIMINAL PROCEDURE, 1973
MOST RESPECTFULLY SHOWETH:
1. That the Appellant is the original complainant in the case titled “State vs. [Accused’s Name]” bearing FIR No. [FIR No.] dated [Date] registered at Police Station [Police Station Name] for offences punishable under Section(s) [Relevant Sections of IPC/other laws].
2. That the Learned [Designation of Trial Court] vide its order/judgment dated [Date of Acquittal Order] was pleased to acquit the Respondent No. 2 (Accused) from all charges. A certified copy of the said order/judgment is annexed herewith as ANNEXURE A.
3. That the Appellant is aggrieved by the aforesaid order of acquittal passed by the Learned Trial Court and seeks to prefer an appeal against the same before this Hon’ble Court.
4. That the said order of acquittal is perverse, contrary to the evidence on record, and based on a misinterpretation of law and facts. [Provide specific grounds, e.g., “The learned Trial Court failed to appreciate the crucial eye-witness testimony of PW-1…”, “The material exhibits were wrongly discarded…”, “The legal principles of … were incorrectly applied…”] .
5. That the present application for grant of special leave to appeal is being filed within the statutory period of limitation as prescribed under Section 378(9) of the Code of Criminal Procedure, 1973.
6. That without the grant of special leave by this Hon’ble Court, the Appellant is unable to present the appeal against the order of acquittal.
PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to:
(a) Grant special leave to the Appellant to file an appeal against the order/judgment dated [Date of Acquittal Order] passed by the Learned [Designation of Trial Court] in Case No. [Case Number];
(b) Pass such other or further order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.
AND FOR THIS ACT OF KINDNESS, THE APPELLANT AS IN DUTY BOUND SHALL EVER PRAY.
Place: [City]
Date: [Date]
(Counsel for the Appellant)
[Advocate’s Name]
[Enrollment No.]
[Contact No.]