Now, victims and heirs can appeal acquittals, Supreme Court rules

The bench further ruled that forcing victims to seek special leave under Section 378(4) of the CrPC would go against Parliament’s intent, which, through a proviso to Section 372, had already granted them the right to appeal.

In a landmark ruling that strengthens the role of victims in criminal trials, the Supreme Court, last week, held that victims of crime, and, in their absence, their legal heirs, can appeal against acquittals, putting their rights on an equal footing with those of the accused.

A bench of Justices BV Nagarathna and KV Viswanathan clarified that appeals are no longer restricted to the state or the original complainant.

“The right of a victim of a crime must be placed on par with the right of an accused who, as a matter of right, can prefer an appeal under Section 374 of the CrPC,” Justice Nagarathna observed in the 58-page judgment, reported the Times of India.

The court said victims may also challenge convictions for lesser offences or inadequate compensation, stressing that such rights “cannot be circumscribed.” It also drew on past Supreme Court rulings and Law Commission recommendations to underline the principle.

The bench further ruled that forcing victims to seek special leave under Section 378(4) of the CrPC would go against Parliament’s intent, which, through a proviso to Section 372, had already granted them the right to appeal.