The Supreme Court has held that a Victim Acquittal Appeal BNSS arising from a Magistrate’s order must go before the Court of Session. The victim cannot file such an appeal before the High Court. The Court reached this conclusion after examining Sections 413, 415(3) and 419 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
A bench comprising Justice JB Pardiwala and Justice K Vinod Chandran affirmed the Calcutta High Court’s decision. The High Court had declined to entertain the petitioner-victim’s appeal against the acquittal. However, it granted the petitioner liberty to approach the Sessions Court.
The Supreme Court observed:
“…when there is a conviction in a trial held by a Magistrate of the First Class or the Second Class, an appeal lies to the Sessions Court. Going by the proviso to Section 413 BNSS, an appeal filed by a victim against an order of acquittal also has to be before the Court to which an appeal ordinarily lies against the order of conviction of such Court. The order of acquittal passed by a learned Magistrate, hence, has to be appealed before the Court in which a conviction ordered by a Magistrate can be appealed, which is the Sessions Court.”
Case Arose After Petitioner’s Son Died By Suicide
The petitioner’s son suffered from depressive disorders. He died by suicide after being admitted to a hospital.
The petitioner alleged that negligence by a doctor and a nurse caused his son’s death. An FIR was consequently registered under Section 304A read with Section 34 of the Indian Penal Code (IPC).
The case proceeded before the Judicial Magistrate. The Magistrate eventually acquitted the accused.
The petitioner challenged the acquittal before the Calcutta High Court. However, the High Court held that the appeal was not maintainable before it. It instead granted the petitioner liberty to approach the Sessions Court.
Aggrieved by the High Court’s decision, the victim approached the Supreme Court.
Supreme Court Examines Sections 413, 415(3) And 419 BNSS
The Supreme Court declined to interfere with the High Court’s findings. It examined the relationship between Sections 413, 415(3) and 419 of the BNSS.
Section 419 generally deals with appeals against orders of acquittal. However, the Court held that it does not govern an appeal filed by a victim.
The proviso to Section 413 BNSS specifically provides the remedy available to a victim. Therefore, the Court applied that provision to determine the proper appellate forum.
The proviso gives a victim the right to appeal against an order acquitting the accused. It also covers conviction for a lesser offence and the imposition of inadequate compensation.
Importantly, the appeal must go before “the Court to which an appeal ordinarily lies against the order of conviction of such Court.”
Victim Must Approach Sessions Court
The Supreme Court then considered Section 415(3) BNSS.
Under this provision, an accused convicted by a Magistrate of the First Class or Second Class can appeal to the Court of Session.
Therefore, a victim challenging an acquittal by such a Magistrate must also approach the Sessions Court. The Court clarified that the nature of the offence does not alter this position.
The bench reiterated:
“The order of acquittal passed by a learned Magistrate, hence, has to be appealed before the Court in which a conviction ordered by a Magistrate can be appealed, which is the Sessions Court.”
The ruling thus clarifies the proper forum for a Victim Acquittal Appeal BNSS arising from an acquittal ordered by a Magistrate.
SLP Dismissed; Liberty Granted To Victim
Accordingly, the Supreme Court dismissed the SLP. However, it granted the victim liberty to approach the Sessions Court.
The Court also addressed the delay caused by the petitioner’s bona fide pursuit of proceedings before another forum.
It stated:
“if an appeal is filed within one month from the date of this order, the same shall be admitted and heard on merits, without considering the delay which has been caused only by reason of a bona fide proceeding taken by the petitioner.”
Therefore, the victim can approach the Sessions Court within one month from the date of the Supreme Court’s order. If filed within that period, the Sessions Court must admit the appeal and hear it on merits without considering the resulting delay.
