The Accused Was Acquitted: How Victims, Complainants and the State Can Appeal

An acquittal can be challenged, but the bar is higher than in a conviction appeal

An acquittal is not the end of the road. The law allows three different people to take it to a higher court: the victim, the State and, in a case started on a private complaint, the complainant. Each has a different route, a different deadline and, in two of the three, a requirement to first get permission (leave) from the High Court.

What makes these appeals difficult is the way an appellate court looks at an acquittal. Every accused starts with a presumption of innocence. When a trial judge who saw the witnesses acquits, that presumption is said to be strengthened. The High Court has full power to reread the evidence, but it will not overturn an acquittal simply because it would have taken a different view. It interferes when the trial court's view is one that could not reasonably have been taken on the evidence, or when the trial court ignored material evidence, misread it or applied the wrong law.

So the question is not only whether the accused did it. The question is whether the trial judgment is wrong in a way the High Court can put its finger on. A good appeal against acquittal is built around that: the specific witness the trial court disbelieved for a poor reason, the document it overlooked, the legal presumption it failed to apply. Families who come in angry at the result need to hear this early, because it shapes everything that follows.

Three routes: the victim, the State and the complainant

The victim. Since 2009, the proviso to old Section 372 CrPC, now the proviso to Section 413 BNSS, gives the victim a right to appeal against an order acquitting the accused, convicting for a lesser offence, or imposing inadequate compensation. The Supreme Court held in Mallikarjun Kodagali v. State of Karnataka (2018) that the victim does not need leave to file this appeal. Victim is defined widely in Section 2 of the BNSS (old Section 2(wa) CrPC): a person who suffered loss or injury because of the accused's act, and it includes the guardian or legal heir. In Khem Singh v. State of Uttaranchal (2025), the Supreme Court held that if the victim dies while the appeal is pending, a legal heir can continue it.

The State. Under Section 419(1) BNSS, the State Government can direct the Public Prosecutor to appeal to the High Court against an acquittal by any court other than the High Court. In a case investigated by the CBI or another central agency, the Central Government gives that direction under Section 419(2). An appeal by the State to the High Court needs the High Court's leave under Section 419(3). For an acquittal by a Magistrate in a cognizable and non-bailable offence, the District Magistrate can direct an appeal to the Sessions Court instead.

The complainant. Where the case began on a private complaint, Section 419(4) lets the complainant apply to the High Court for special leave to appeal. If special leave is refused, the State cannot appeal under the other sub-sections. A complainant who is also the victim may have the victim's route as well, which is discussed below for cheque bounce cases.

The provisions that decide an appeal against acquittal

Who files, where and by when

Which court hears your appeal, and why

The forum follows the trial court. If the trial was held by a Sessions Judge or Additional Sessions Judge at Tis Hazari, Patiala House, Saket, Karkardooma, Rohini, Dwarka or Rouse Avenue, or by a special court functioning as a Court of Session (POCSO, NDPS, Prevention of Corruption Act), the appeal goes to the Delhi High Court at Sher Shah Road. The victim's appeal goes there because that is where an appeal against conviction by that court would lie.

If a Magistrate acquitted the accused, the victim's appeal goes to the Sessions Court of the same district, not to the High Court. The State's appeal against a Magistrate's acquittal, if the State Government directs one, goes to the High Court with leave, while a District Magistrate's direction sends it to the Sessions Court. A complainant's special leave petition under Section 419(4) is always filed in the High Court. Against the Sessions Court's decision in a victim's appeal, the next step in the High Court is usually a revision, explained on our page on criminal revision in the Delhi High Court.

Some laws have their own appeal routes. Appeals from Special Courts under the SC/ST (Prevention of Atrocities) Act lie under Section 14A of that Act, set out on our page on appeals and bail under the SC/ST Act. Appeals under the NIA Act go to a Division Bench. Inside the Delhi High Court, State leave petitions are registered as criminal leave petitions and victims' appeals as criminal appeals, and they are listed before a single judge or a Division Bench according to the offence and the current roster. This is a private law firm's website, not the court's; check the official Delhi High Court website for case status and cause lists.

What the High Court looks for in an acquittal

The principles were set out in Chandrappa v. State of Karnataka (2007) and have been repeated by the Supreme Court many times since. The appellate court can review, reappreciate and reconsider all the evidence. It is not bound by any limitation on its power to do so. But it must keep in mind the double presumption of innocence, and if two reasonable views of the evidence are possible, the view in favour of the accused should stand.

In practice, acquittals are reversed when the trial court has done something identifiable. It may have discarded an injured eyewitness for minor inconsistencies that any honest witness would show years after the event. It may have ignored a dying declaration recorded by a Magistrate, or the forensic report that matched the weapon. It may have failed to apply a statutory presumption, as in POCSO cases or under Section 139 of the Negotiable Instruments Act. It may have treated a hostile witness's entire evidence as wiped out, when the law allows the court to rely on the part that supports the prosecution.

Acquittals are rarely reversed where the defect is in the investigation itself and cannot be cured on appeal: a missing recovery witness, an unexplained delay in the FIR, or evidence that was never collected. The appellate court can order a retrial in a proper case, but it will not fill gaps the prosecution left. This is the part families find hardest. When Advocate B.K. Singh reads a trial judgment for a victim, he separates the reasons given by the trial judge into two piles: those that are wrong on the record, and those that reflect a real weakness in the prosecution case. Only the first pile wins appeals.

Grounds that carry weight, and grounds that usually do not

• Misreading of evidence. The judgment says a witness did not identify the accused, but the deposition shows that she did. Pinpoint references to page and line of the trial record carry real weight.
• Ignoring material evidence. A medical report, CCTV footage proved through a Section 63 BSA (old Section 65B Evidence Act) certificate, or a scientific report that the trial court did not discuss at all.
• Wrong legal test. Requiring corroboration of a prosecutrix's testimony as a rule, or failing to raise a presumption the statute required.
• Inadequate compensation. A conviction with a token fine and no compensation under Section 395 BNSS (old Section 357 CrPC), or no reference to the victim compensation scheme under Section 396 (old Section 357A).
• Conviction for a lesser offence. The evidence showed an intention to kill, but the court convicted only for hurt. This is a recognised ground for the victim's appeal.
• Usually weak: general unhappiness. A ground that simply says the accused is guilty and the judgment is against the weight of evidence, without showing where, rarely persuades the High Court even to issue notice.
• Usually weak: blaming the investigation. Faults in the police investigation can explain why a case failed, but they seldom justify reversing an acquittal unless the trial court itself misdirected on how to treat them.

How a victim's appeal or a complainant's leave petition is filed in Delhi

The steps below assume an acquittal by a Sessions Court in Delhi. For a Magistrate's acquittal, the victim follows the same pattern in the Sessions Court.

1. Apply for the certified copy at once

   Apply to the copying agency of the trial court for a certified copy of the judgment on the day it is pronounced or the next working day. Time spent waiting for the copy is excluded under the Limitation Act only from the date of application, so delay in applying counts against you.

2. Collect the trial record

   Obtain copies of the depositions, exhibited documents, the statement of the accused and the order sheets. Victims who were not parties to the trial may need to apply through the Public Prosecutor or file an application for copies. The appeal is argued on this record, so it must be complete.

3. Have the record read and grounds drafted

   Your advocate reads the judgment against the evidence and drafts specific grounds, each tied to the record. A victim's appeal is filed as a criminal appeal; a complainant files a petition for special leave with the memorandum of appeal attached.

4. File with an application for condonation if late

   If the appeal is filed beyond the safe period, an application explaining the delay day by day is filed along with it. The court decides delay before it looks at merits.

5. Admission hearing

   At the first hearing the High Court decides whether to grant leave (in a complainant's or State case) or to admit the appeal and issue notice. Many appeals against acquittal are dismissed at this stage, so the opening argument must show a clear error.

6. Notice, bail bond and record

   If notice issues, the acquitted person is summoned and usually required to furnish a bail bond under Section 431 BNSS. The trial court record is called for, and paper books are prepared.

7. Final hearing

   The appeal is listed for final hearing in its turn. Both sides argue on the evidence. The court may dismiss the appeal, order a retrial, or convict and sentence.

Getting the State to appeal in Delhi

For a case investigated by Delhi Police, the decision whether the State appeals is taken by the Delhi Government on the opinion of its prosecution wing. The Public Prosecutor who conducted the trial sends an opinion on whether the acquittal is fit for appeal, and the file moves through the Directorate of Prosecution and the Home Department. If the government decides to appeal, the State's counsel in the High Court files a leave petition within 90 days.

Victims often assume this will happen automatically. Sometimes it does not, or the opinion goes against an appeal. Do not wait to find out. Write to the Public Prosecutor and to the Directorate of Prosecution, with a copy to the DCP of the district, within a week or two of the judgment, enclosing the judgment and a short note of the errors you see. Ask that an appeal be filed. Keep proof of delivery.

Even if you make this request, file your own victim's appeal if the deadline is approaching. The two routes are independent, and the High Court can hear a State appeal and a victim's appeal together. In a CBI case, the decision rests with the Central Government through the CBI's prosecution directorate, and the leave petition is filed by the CBI's counsel. If police negligence caused the acquittal, a complaint about the investigation is a separate matter; our page on Delhi Police not acting on your complaint explains what the High Court can and cannot do about the police.

Complaint cases and cheque bounce acquittals

A cheque bounce case under Section 138 of the Negotiable Instruments Act starts on a private complaint, not on a police report. When the Magistrate acquits, the complainant traditionally had to seek special leave from the High Court under old Section 378(4) CrPC, now Section 419(4) BNSS, within 60 days.

In Celestium Financial v. A. Gnanasekaran (2025), the Supreme Court held that a cheque bounce complainant is a victim and may appeal against an acquittal under the proviso to Section 372 CrPC (now Section 413 BNSS) without seeking special leave. That opens the victim's route, which for a Magistrate's acquittal would ordinarily lead to the Sessions Court. Which forum to choose in a particular case, and how the time limit is counted, should be checked against the latest Delhi High Court rulings before filing. Our page on cheque bounce appeals and revisions covers the High Court side, and our sister site on cheque bounce cases covers the trial court stages.

For other complaint cases, such as defamation or a complaint under Section 223 BNSS (old Section 200 CrPC) for cheating, the complainant should consider both routes and choose the one that does not leave a gap. If the complainant is clearly a victim who suffered loss, the victim's appeal is often simpler because it does not depend on leave.

Missed the deadline? Condonation of delay

Late appeals are filed in the Delhi High Court every week, with an application under Section 5 of the Limitation Act explaining the delay. The court looks at whether there was sufficient cause and whether the applicant acted with reasonable diligence. A victim from a poor family who did not know of the judgment, or who was waiting for the State's decision, may get condonation. A party who simply did nothing for a year usually will not.

Courts are more willing to condone delay in serious offences such as murder, rape and offences against children, where public interest in a decision on merits is strong. They are less willing in private disputes. The explanation must be specific: when you learnt of the judgment, when you applied for copies, when they were supplied, whom you consulted and when. Vague affidavits are dismissed.

If you are already past 90 days, do not let that stop you from taking advice. But do not let more time pass either. Each further week makes the explanation harder.

Documents to gather

Time and cost at each stage

If you are the person acquitted and an appeal is filed

An acquittal stands until the High Court sets it aside. A notice of appeal does not mean you will be arrested. When the High Court issues notice, it usually directs the acquitted person to appear and furnish a personal bond with a surety under Section 431 BNSS, so that attendance can be secured if the appeal is allowed. Arrest pending the appeal is rare unless the accused avoids service.

Engage counsel at the admission stage if you can. A State leave petition can sometimes be opposed at the threshold by showing that the trial court's view was a reasonable one on the evidence. If leave is granted, the appeal then proceeds on the record. You will not usually be allowed to lead fresh evidence, so the defence case is argued from the trial record.

If you plan to travel abroad, check whether the bail bond or any order of the High Court restricts travel. Our page on permission to travel abroad during a criminal case explains how that is handled. If the appeal is allowed and you are convicted, the remedy is a petition for special leave to the Supreme Court, explained on our page on Supreme Court SLPs from Delhi.

Mistakes that sink appeals against acquittal

• Waiting for the State. Families wait months for the prosecution's decision and lose their own appeal to limitation. File your own appeal as a safeguard.
• Late copy application. Not applying for the certified copy promptly, then trying to explain the gap later.
• Grounds that argue guilt instead of error. The High Court needs to see where the trial court went wrong, not a restatement of the FIR.
• Incomplete record. Filing without the depositions and exhibits, which delays admission or leads to dismissal.
• Choosing revision instead of appeal. A revision cannot convert an acquittal into conviction. Where an appeal lies, use it.
• Ignoring compensation. Victims sometimes overlook that inadequate compensation is itself appealable, and that the victim compensation scheme can be invoked even when the accused is acquitted.

How a victim's rights continue during the appeal

A victim who has filed an appeal is a party with full rights to be heard. Where the State has appealed and the victim has not, the victim can still seek to assist the prosecution through counsel, and courts have recognised the victim's right to be heard at important stages. The Supreme Court's decision in Jagjeet Singh v. Ashish Mishra (2022) stressed that victims have a legally recognised right to participate in criminal proceedings, including bail hearings in appeals.

Our guide on what rights a victim has in a criminal appeal explains the practical side. If the acquitted person was convicted on a lesser charge and is seeking bail or suspension of sentence pending his own appeal, the victim can oppose it; our page on appeals against conviction sets out how those appeals run alongside yours.

Victims should also keep their contact details updated with the court and the prosecution. Appeals can stay pending for years, and a notice sent to an old address can lead to the case proceeding without you.

What to do this week

Apply for the certified copy of the judgment and the trial record now, and note the date. Write to the Public Prosecutor and the Directorate of Prosecution asking for a State appeal, and keep proof. Count 60 days from the judgment and treat that as your own deadline, whatever the State decides. If you are a complainant in a private complaint case, count 60 days for special leave.

Bring the judgment and whatever record you have to an advocate who will read it page by page. Advocate B.K. Singh's practice in these cases is to tell the family plainly, after reading the record, whether there is an error the High Court can act on, and to say so even when the honest answer is that the appeal is weak.

For advice on your papers, or for updates on how the Delhi High Court is treating victims' appeals, contact Advocate B.K. Singh.