Bharatiya Nagarik Suraksha Sanhita, 2023
Section 413
No appeal to lie unless otherwise provided
No appeal shall lie from any judgment or order of
Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.
Why this exists
The default rule that there's no right to appeal unless the law expressly allows it exists to prevent endless litigation over every court order. But this section carries an important victim-rights safeguard: earlier, victims often had little direct say if a prosecutor didn't pursue an appeal against an acquittal or a lenient conviction. This proviso, which came into Indian criminal procedure through the 2008 amendment to the CrPC and continues here, gives victims themselves standing to appeal in these specific situations, recognising that victims have a direct stake in the outcome that shouldn't depend entirely on the state's discretion.
Common misconceptions
- Myth: Only the government (prosecutor) can appeal an acquittal.
Fact: A victim now has an independent right to appeal an acquittal, a conviction for a lesser offence, or inadequate compensation, even if the prosecutor does not appeal.