Victim's Appeal Against Magistrate's Acquittal Order Lies Before Sessions Court Under Section 413 BNSS: Gujarat High Court

"After it is transferred to the concerned Sessions Court, it has to be treated as an Appeal under the proviso under Section 372 of the Code / Section 413 of BNSS." Gujarat High Court, in a significant procedural ruling, held that a victim's appeal against a Magistrate's order of acquittal must be filed before the Sessions Court and not directly before the High Court.

A single-judge bench of Justice Hemant M. Prachchhak ordered the transfer of a criminal appeal filed under Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to the concerned lower appellate court, reinforcing the statutory hierarchy for victim appeals.

The complainant married the principal accused in 1997 and received gold and silver ornaments as Stridhan. She alleged that in 2012, her husband left the matrimonial home and handed over her Stridhan to his relatives, who subsequently refused to return the ornaments despite repeated demands. A complaint was filed under Section 156(3) of the CrPC, but the Chief Judicial Magistrate at Nadiad ultimately acquitted the accused of all charges in November 2023. Aggrieved by this acquittal, the victim preferred the present appeal directly before the High Court.

The primary question before the court was whether the High Court is the legally permissible forum for a victim to file an appeal against an order of acquittal passed by a Magistrate. The court was effectively called upon to determine the correct appellate jurisdiction under Section 413 of the BNSS, which mirrors the proviso to Section 372 of the CrPC.

Jurisdiction Of Sessions Court Over Magistrate's Acquittal

The High Court observed that the matter required immediate transfer in light of established legal precedents clarifying the proper appellate forum for victims. The bench referenced decisions from the High Courts of Chhattisgarh and Punjab & Haryana, which categorically outline that appeals against acquittals by Magistrates must be directed to the Sessions Court. The court indicated that entertaining such an appeal at the High Court level would bypass the statutory scheme designed by the legislature.

Supreme Court Precedents On Appellate Forums

Relying on the Supreme Court's landmark judgment in Subhash Chand vs State (Delhi Administration), the High Court reiterated the strict limitations on filing acquittal appeals. The bench extracted the Supreme Court's observation which noted that appeals against a Magistrate's acquittal in cognizable and non-bailable offences cannot be filed arbitrarily. The court emphasized the settled position that such appeals "can only be filed in the Sessions Court."

Victim's Absolute Right To Prefer An Appeal

The bench extensively quoted the Supreme Court's observations in Celestium Financial Vs. A. Gyanasekaran, affirming the robust and unhindered rights of a victim under the criminal justice system. The court highlighted the legal evolution that distinguishes a victim's inherent right from a complainant's conditional right. The judgment reiterated that Parliament purposefully inserted the proviso to Section 372 of the CrPC to grant victims a superior footing that is not subject to the requirement of seeking special leave.

"a victim of a crime, whatever be the nature of the crime, unconditionally must have a right to prefer an appeal."

Pending Reference Before A Larger Bench

During the hearing, the Additional Public Prosecutor brought to the court's attention that the broader legal position regarding a victim's right to appeal is currently pending consideration before the Supreme Court. It was pointed out that in the case of M/s. Everest Automobiles Vs. M/s. Ranjit Enterprises, the apex court observed that an authoritative pronouncement on this issue is desirable by a larger bench due to its far-reaching consequences on criminal jurisprudence.

Transfer Of Records To Lower Appellate Court

Taking into account the submissions and the prevailing judicial consensus, the High Court resolved to dispose of the appeal without delving into the substantive merits of the allegations. The bench instructed its Registry to physically transfer the entire record and proceedings of the case, including the certified copies of the impugned order, to the relevant Sessions Court forthwith. The court also specifically directed the lower court to renumber the case and issue fresh notices to the parties.

The Gujarat High Court disposed of the appeal by directing its immediate transfer to the concerned Sessions Court. The bench mandated that the transferred proceedings be treated strictly as an appeal under the proviso to Section 372 of the CrPC read with Section 413 of the BNSS, further directing the lower appellate court to dispose of the long-pending matter as expeditiously as possible.

Date of Decision: 13 July 2026