S.413 BNSS | Victim Can Appeal Acquittal Without Leave, But Must Approach Competent Court: Kerala High Court
Sanchayita Lahkar
The High Court of Kerala Single Bench of Justice A. Badharudeen held that a victim has a statutory right to appeal an acquittal without seeking leave of the High Court, regardless of whether the victim is the complainant, but such an appeal must be filed before the court that would ordinarily hear an appeal from that trial court’s conviction judgment. The court was considering a woman’s appeal under Section 413 of the Bharatiya Nagarik Suraksha Sanhita challenging the acquittal of a man accused of offences punishable under IPC Sections 354 and 354D, relating to alleged assault intended to outrage her modesty and stalking. Holding that the Sessions Court was the proper forum, the High Court directed that the appeal memorandum be returned for re-presentation before the competent Sessions Court and instructed the Registry to return similar appeals filed in the High Court.
The criminal appeal arose from a judgment of acquittal passed by the Judicial First-Class Magistrate Court-II, Ernakulam, in a case alleging offences punishable under Sections 354 and 354D of the Indian Penal Code.
The proceedings originated from a private complaint filed by the complainant, who was also the alleged victim. After trial, the Magistrate acquitted the accused on 13.08.2025. Aggrieved by the acquittal, the complainant invoked Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and filed an appeal directly before the High Court without seeking leave.
The maintainability of the appeal before the High Court was questioned on the ground that the case emanated from a private complaint and that the statute prescribed a specific appellate forum. The State was represented by the Public Prosecutor, and the accused was arrayed as the third respondent.
The Court examined the scope of Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and its proviso, and recorded that “the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused … and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.” The Court noted that the case emanated from a private complaint and observed that “the proviso to Section 413 of BNSS is pari materia with proviso to Section 372 of Cr.P.C.”
Relying on the decision of the Supreme Court in M/s. Celestium Financial v. A. Gnanasekaran, the Court recorded that “the complainant, who occupies the status of the victim, has a statutory right to file an appeal against an order of acquittal without seeking special leave.” It was observed that “the proviso does not make a distinction between an accused charged of an offence under the penal law or a deemed offence.”
The Court further stated that “when the complainant is also a victim, he could proceed under the proviso … in which case the rigour of seeking special leave would not arise at all.” Addressing the forum of appeal, the Court recorded that “the remedy of a complainant, who is a victim, when suffers a judgment of acquittal, is to file an appeal before the Court where an appeal would ordinarily lie against the judgment of conviction.” The Court also noted that “grant of leave to file an appeal in such circumstances is an unwanted procedure.”
The Court directed that “this appeal memorandum requires to be returned to the appellant for re-presenting before the competent Sessions Court. The Registry is directed to ensure that such appeals need not be numbered hereafter and the same are to be returned citing this judgment, to file before the competent Sessions Courts.” The Court clarified that victims who are complainants possess “an absolute right to file an appeal before the Sessions Court itself, without obtaining leave of this Court.”
Advocates Representing the Parties
For the Appellant/Victim: Shri T.R. Krishnadas, Sri S. Abhilash, Shri Rahul R. Pai
For the Respondents/State: Sri Noushad A., Senior Public Prosecutor
Case Title: Soumya Gopal v. State of Kerala & Others
Neutral Citation: 2026: KER:1470
Case Number: CRA(V) No. 2 of 2026
Bench: Justice A. Badharudeen
