For most of its history, Indian criminal procedure treated the victim as a witness in someone else's case: if an acquittal was wrong, only the State could say so on appeal. The 2009 amendment to the CrPC changed that by adding a proviso to Section 372, now carried into Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023: the victim has a right to prefer an appeal against any order of a court acquitting the accused, convicting for a lesser offence, or imposing inadequate compensation. The right is real, regularly exercised in Delhi, and distinct from the State's appeal against acquittal and the complainant's route — but its three grievances are also its boundaries. This explainer walks through them.
The three appellate constituencies
| Appellant | Provision | Gateway |
|---|---|---|
| Victim | Proviso to S.413 BNSS | As of right, on the three defined grievances; filed in the court where a conviction appeal would ordinarily lie |
| State | S.419 BNSS | Appeal against acquittal with leave of the High Court; also appeals for enhancement of sentence |
| Complainant (complaint case) | S.419 BNSS scheme | Special leave of the High Court — discretionary |
Grievance one: acquittal
The victim\'s appeal against acquittal is the proviso\'s most used limb. Its standards mirror acquittal appeals generally: the appellate court examines whether the view taken was a possible one on the evidence, and reverses only for perversity, misreading of evidence or ignoring material — the double presumption in favour of an acquitted accused applies regardless of who appeals. What the victim\'s route changes is access: families no longer depend on a government decision to challenge an acquittal, a dependence that historically filtered out precisely the cases where investigation or prosecution had been half-hearted. In practice, victim appeals and State appeals often run in parallel and are heard together; where the State declines to appeal, the victim\'s appeal keeps the question alive on its own strength.
Grievance two: the lesser offence
Conviction for a lesser offence — Section 304 Part II where the charge was murder, hurt where the charge was attempt — wounds victims almost as much as acquittal, and the proviso addresses it directly. The appeal challenges the downgrading itself: that the ingredients of the graver offence stood proved and the trial court\'s reasons for stepping down are unsustainable. Counsel should frame such appeals with precision, tying each ingredient of the graver offence to the evidence accepted by the trial court itself, since findings already recorded in the prosecution\'s favour are the appeal\'s strongest material.
Grievance three: inadequate compensation
The least-used limb may be the most practical. Compensation orders — under the BNSS\'s victim compensation framework and the sentencing court\'s power to direct payment out of fine — are appealable for inadequacy at the victim\'s instance. Appeals here succeed on demonstrated loss: medical records, income proof, rehabilitation costs and the disparity between documented harm and the sum awarded. The limb also polices token orders, and its existence is a reason for victims\' counsel to place loss evidence on record at the trial stage rather than discovering its absence in appeal.
Limitation discipline applies to victim appeals as to any other, and condonation requires explanation of each day where delay occurs — families often learn of judgments late, and contemporaneous proof of when certified copies were applied for and received matters. Victims should also remember the interlocutory dimension: the right of appeal is complemented by the right to be heard at critical stages, including bail hearings in defined sexual offences and withdrawal of prosecution.
Running the appeal well
Three practice points recur. First, establish victim status in the memorandum itself — relationship, injury or loss — because the right belongs to the victim as defined, and objections to locus are the respondent\'s first refuge. Second, obtain the complete trial record early; victim appeals fail most often not on law but on an incomplete appreciation of what the trial record actually contains. Third, coordinate with the State: where the prosecution appeals too, a united front on the evidence serves the victim; where it does not, the victim\'s appeal must be self-sufficient, argued as a full-scale acquittal appeal and not as a grievance petition. The proviso gave victims a seat at the appellate table; using it well is a matter of preparation, not sentiment.
The chamber of Advocate Manish Jha appears in criminal appeals and revisions — for appellants, victims and respondents — before the Sessions Courts of Delhi, the High Court of Delhi and the Supreme Court of India. This article is for general information; it is not legal advice and does not create an advocate-client relationship.
Frequently Asked Questions
Who is a "victim" for the purpose of this appeal?
The BNSS defines the victim as the person who has suffered any loss or injury caused by the act or omission of the accused, and the expression includes the victim's guardian or legal heir. In homicide cases the parents, spouse or children of the deceased maintain the appeal; in offences against property or person, the injured party does.
On what grounds can a victim appeal?
Three, and only three: acquittal of the accused; conviction for a lesser offence than the one made out; and inadequate compensation. An appeal seeking only enhancement of sentence for the same offence is outside the proviso — that grievance travels through the State's appeal for enhancement or revision, which is why victims often pursue parallel tracks.
Where is the victim's appeal filed?
The proviso directs it to the court to which an appeal ordinarily lies against an order of conviction of that court — an acquittal by a Magistrate is appealed to the Court of Session, and an acquittal by the Sessions Court to the High Court. The prevailing view of the Supreme Court is that the victim's appeal against acquittal does not require the grant of leave, unlike the State's appeal under Section 419.
How does the victim's appeal differ from a complainant's?
A complainant in a complaint case who seeks to appeal an acquittal must apply for special leave under the scheme of Section 419 BNSS (formerly 378(4) CrPC), a discretionary gateway. A victim within the statutory definition appeals as of right under the Section 413 proviso. Where a person is both complainant and victim, the victim route is the stronger one, and pleadings should establish the victim status expressly.