Bharatiya Nagarik Suraksha Sanhita, 2023
Section 419
Appeal in case of acquittal
(1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5),—
(a) 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;
(b) 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 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) If such an order of acquittal is passed in a case in which the offence has been investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita, the Central Government may, subject to the provisions of sub-section (3), also direct the Public Prosecutor to present an appeal—
(a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;
(b) 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.
(3) No appeal to the High Court under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court.
(4) 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.
(5) 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.
(6) 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).
Why this exists
An acquittal carries strong constitutional weight -- once acquitted, a person's presumption of innocence is reinforced, so the law deliberately makes it harder to appeal an acquittal than to appeal a conviction. Requiring government sanction (or High Court permission for private complainants) filters out weak or vindictive appeals against acquittals, while still preserving a genuine route to challenge acquittals that are clearly wrong. This continues section 378 of the CrPC, 1973.
How courts read it
Appellate courts reviewing appeals against acquittal have long applied a cautious standard, recognising that an acquittal strengthens the presumption of innocence and that appellate interference should be reserved for cases where the trial court's view was clearly unreasonable or perverse, rather than merely a case where a different view was also possible on the same evidence (a principle developed through Supreme Court decisions interpreting the equivalent power of appellate courts in acquittal appeals, such as Chandrappa v. State of Karnataka).
Common misconceptions
- Myth: Anyone can freely appeal an acquittal just like a conviction.
Fact: Appeals against acquittal require either government sanction or, for private complainants, special leave from the High Court granted within strict time limits.