In short. Victim rights in a criminal appeal are wider than most families realise. A victim can file their own appeal against an acquittal, a conviction for a lesser offence or inadequate compensation, without asking the State and without leave of the court. When the accused appeals a conviction, the victim can ask to be heard, oppose suspension of sentence and assist the prosecutor. Compensation can be claimed from the accused and from the Delhi scheme. File within weeks of the judgment, not months.
Is this your situation?
- The man accused of attacking your son was acquitted by the Sessions Court and the prosecution has said nothing about appealing.
- The accused was convicted of a minor offence when the evidence showed something far more serious.
- The trial court convicted the accused but gave you little or no compensation.
- The convicted accused has filed an appeal in the Delhi High Court and wants his sentence suspended.
- You filed a cheque bounce or private complaint case and the magistrate acquitted the accused.
- The victim has died and the family wants to file or continue the appeal.
- You are a victim under the SC/ST Act or POCSO Act and want to know whether you will be told about the appeal.
Key points
- You do not need the State's permission to appeal. The proviso to Section 413 BNSS gives the victim an independent right to appeal against an acquittal, a lesser conviction or inadequate compensation.
- No leave of court is needed for a victim's appeal. The Supreme Court has held that a victim's appeal is a matter of right, unlike a State appeal against acquittal.
- Time matters more than anything. Apply for the certified copy on the day of judgment and aim to file within 60 days of it.
- When the accused appeals, ask to be heard. You can oppose suspension of sentence and bail, and your own advocate can assist the prosecutor.
- Compensation is separate from punishment. It can be ordered against the accused, raised on appeal, or paid from the Delhi Victims Compensation Scheme even when no one is convicted.
Victim rights in a criminal appeal: the short answer
For most of the history of the old Criminal Procedure Code, a criminal case was treated as a contest between the State and the accused. The victim was a witness. If the accused was acquitted and the State chose not to appeal, that was the end. Parliament changed this in 2009 by adding a proviso to Section 372 CrPC that gave victims their own right of appeal. The same right now sits in the proviso to Section 413 of the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS).
Victim rights in a criminal appeal now fall into three groups. First, the victim can file an appeal. Second, when someone else appeals (the accused against conviction, or the State against acquittal), the victim can take part, be heard and assist the prosecution. Third, the victim can seek compensation at every level, from the trial court to the High Court.
None of this happens automatically. The prosecution does not usually call a victim to tell them an appeal has been filed, and an acquittal that is not challenged in time becomes very hard to reopen. The families who use these rights well are the ones who act in the first few weeks after the judgment.
The provisions that give victims a role
Section 2(1)(y), BNSS (old Section 2(wa) CrPC)
Defines a victim as a person who has suffered loss or injury caused by the act or omission of the accused, and includes the victim's guardian or legal heir. This definition decides who can appeal.
Proviso to Section 413, BNSS (old proviso to Section 372 CrPC)
The victim has the right to appeal against an order acquitting the accused, convicting for a lesser offence, or imposing inadequate compensation. The appeal lies to the court that would ordinarily hear an appeal against conviction in that case.
Sections 418 and 419, BNSS (old Sections 377 and 378 CrPC)
Section 418 lets the State appeal against an inadequate sentence. Section 419 governs State appeals against acquittal, which need leave of the High Court, and lets a complainant in a complaint case seek special leave to appeal.
Section 18(8) proviso, BNSS (old Section 24(8) proviso CrPC)
The court may permit the victim to engage an advocate of their choice to assist the prosecution. This is the basis on which a victim's lawyer takes part when the accused or the State is the appellant.
Sections 395 and 396, BNSS (old Sections 357 and 357A CrPC)
Section 395 lets a court order the convicted accused to pay compensation to the victim, and the power is available to an appellate court and to the High Court in revision. Section 396 requires every State to run a victim compensation scheme, which in Delhi is administered through the Delhi State Legal Services Authority and the district legal services authorities.
Who counts as a victim and can file the appeal
The person who was injured, cheated, robbed or assaulted is the victim. If that person has died, as in a murder or dowry death case, the legal heirs are victims under Section 2(1)(y) BNSS. If the victim is a child or a person who cannot act for themselves, the guardian can act.
In Khem Singh v. State of Uttaranchal (2025), the Supreme Court held that where a victim has filed an appeal and dies while it is pending, the legal heirs can continue it. The Court read the right to prefer an appeal as including the right to prosecute it to the end. Families sometimes assume the case dies with the person who started it. It does not.
A complainant is not always a victim, and a victim is not always the complainant. A neighbour who lodged an FIR about an assault on someone else is the informant, not the victim, and cannot use the victim's appeal route. But a person who has suffered loss and also filed the complaint is both. The Supreme Court held in Celestium Financial (2025) that the complainant in a cheque bounce case is a victim and can appeal an acquittal under the proviso without seeking special leave. Which court hears such an appeal depends on which court tried the case, so check before filing.
Victim appeal against acquittal: what you can challenge
A victim appeal against acquittal can challenge three kinds of outcome. The first is a full acquittal. The second is a conviction for a lesser offence, for example where the charge was attempt to murder and the trial court convicted only for causing hurt. The third is an order granting no compensation or compensation that is plainly inadequate.
What a victim cannot do through this route is ask for a higher sentence. If the accused was convicted of the right offence but given what you feel is too light a sentence, only the State can appeal for enhancement under Section 418 BNSS. The Supreme Court has also held that a victim cannot use a criminal revision to achieve the same result. If the sentence is the concern, write to the prosecution asking the State to file an appeal, and do it quickly.
In Mallikarjun Kodagali v. State of Karnataka (2018), the Supreme Court held that a victim does not need leave of the High Court to appeal against an acquittal. A State appeal does need leave. That difference matters, because leave applications can be dismissed at the first hearing without the appeal ever being examined. A victim's appeal is admitted and heard on merits, though the court will still look at whether it raises a real case at the admission stage.
The forum depends on which court passed the judgment. An acquittal by a Sessions Court in Delhi is appealed to the Delhi High Court. An acquittal by a Judicial Magistrate or a Metropolitan Magistrate is appealed to the Sessions Court of that district, because that is where an appeal against conviction would lie. Our appeal against acquittal service page sets out how these appeals are prepared at the High Court.
How much time a victim has to appeal
The BNSS does not set a separate limitation period for a victim's appeal, and courts in India have taken different views on which article of the Limitation Act applies. Some treat it like an appeal against conviction, which must be filed in the High Court within 60 days. Others have applied the 90-day period used for State appeals against acquittal. The practical answer is simple: aim to file within 60 days of the judgment, and treat 90 days as an outer limit you should never test.
The time taken to obtain the certified copy of the judgment is excluded under Section 12 of the Limitation Act, but only if you applied for it promptly. Apply for the certified copy on the day of the judgment or the next working day. If you wait a month before applying, that month counts against you.
If the deadline has passed, file anyway with an application for condonation of delay under Section 5 of the Limitation Act, explaining each period of delay with dates. Courts are more forgiving with victims than with the State, especially poor or rural families who did not know of the right, but an unexplained gap of many months is risky. The explanation must be true and supported, for example by hospital records if the family was dealing with illness.
When the State appeals instead: what the victim can do
In a police case, the State can appeal an acquittal under Section 419 BNSS. In Delhi, the decision is taken within the Delhi Government's prosecution set-up on the opinion of the prosecutor, and the appeal to the High Court needs leave. The State usually has 90 days. Many families wait for this decision and lose time.
A victim does not have to choose. You can write to the prosecution, ideally within a week of the judgment, asking that a State appeal be filed and attaching your reasons, and file your own appeal in parallel. If both appeals are filed, the High Court usually tags them and hears them together. If the State decides not to appeal, your appeal continues on its own.
When the State does appeal, the victim can apply to be heard and can engage an advocate to assist the prosecutor under the proviso to Section 18(8) BNSS. In serious cases, a victim's counsel who knows the trial record well often helps the prosecutor point to the exact passages of evidence the trial court overlooked.
Your rights when the accused appeals a conviction
When a convicted accused files an appeal in the Delhi High Court under Section 415 BNSS (old Section 374 CrPC), the State is the respondent. The victim is not automatically made a party, but has a clear right to participate. In Jagjeet Singh v. Ashish Mishra (2022), the Supreme Court held that a victim has a legally vested right to be heard at every step after the crime, including bail. Courts apply the same principle in appeals.
The most important moment is usually the application for suspension of sentence under Section 430 BNSS (old Section 389 CrPC). If the accused was sentenced to a long term, he will ask to be released on bail while the appeal is pending, which can take years. The victim can file a short application or reply opposing this, pointing to threats, the nature of the offence or the strength of the evidence. Our page on suspension of sentence during appeal explains what the court weighs on the accused's side.
Under the SC/ST (Prevention of Atrocities) Act, Section 15A gives the victim a statutory right to notice and to be heard in bail, discharge, release, parole, conviction and sentence proceedings, and that right carries into appeals. Victims under the POCSO Act are also, in practice, given notice of bail applications in the Delhi High Court. If you are an SC/ST Act victim, see our SC/ST Act appeals page for the special appeal under Section 14A.
When Advocate B.K. Singh acts for a victim in an appeal filed by the accused, the first thing he does is file a short application to be impleaded or heard, with the victim's current address and phone number. Without it, the High Court's notices go only to the State, and the victim learns of a suspension order from the accused's relatives in the neighbourhood.
Victim compensation: what you can claim and from whom
Victim compensation comes from two separate sources, and families often know of neither. The first is the accused. Under Section 395 BNSS, a court that convicts can order the accused to pay compensation for loss or injury, medical costs, or the loss suffered by the dependants of a person who died. The appellate court and the High Court in revision can make or increase such an order. The Supreme Court has said trial courts should consider compensation in every case where it is appropriate, not only when the victim asks.
The second is the State. Under Section 396 BNSS, Delhi runs the Delhi Victims Compensation Scheme through the Delhi State Legal Services Authority. A victim can apply where the compensation ordered against the accused is not enough, where the accused is acquitted or discharged but the victim still needs rehabilitation, or where the offender is never traced or identified. Interim relief can be given for immediate medical needs. Women victims of sexual assault and acid attacks are also covered by a separate national scheme framework, and Section 397 BNSS (old Section 357C) requires free medical treatment for them at any hospital.
If the trial court awarded no compensation or a token amount, that is a ground for appeal by the victim under the proviso to Section 413. An appeal limited to compensation can be filed even if you accept the conviction. In practice, many victims combine the two: an appeal on the acquittal or lesser conviction, and a separate application to the district legal services authority under the scheme, which runs on its own track and does not wait for the appeal.
Applications under the scheme go to the district legal services authority at the court complex of your district, such as Tis Hazari, Saket, Karkardooma, Rohini, Dwarka or Patiala House, or are recommended by the trial court itself. Keep medical bills, discharge summaries, salary slips and death certificates, because the amount depends on proof of loss.
How a victim's appeal is filed in the Delhi High Court
These steps assume a Sessions Court acquittal in Delhi. For a magistrate's acquittal, the same steps apply in the Sessions Court of the district.
Apply for certified copies at once
Apply for the certified copy of the judgment on the day it is pronounced or the next working day, and download the uploaded copy as well. Also obtain copies of the depositions, exhibits and order sheets from the trial court record.
Have the judgment read by counsel
The appeal must show where the trial court went wrong: a witness's evidence ignored, a medical report misread, a legal test misapplied. A lawyer needs the full record, not just the judgment, to find this.
Write to the prosecution
Send a letter to the prosecution asking for a State appeal and enclosing your reasons. Keep proof of delivery. This protects your position even if you file your own appeal.
Draft and file the appeal
The appeal sets out the facts, the grounds of challenge and the relief, with the judgment and relevant evidence attached. It is filed through the Delhi High Court's e-filing system with a vakalatnama and affidavit, and an application for condonation of delay if needed.
Cure registry objections and get the case listed
The registry may raise objections on formatting, copies or court fee. Cure them quickly so the appeal is listed before the bench hearing criminal appeals.
Admission hearing
At the first hearing the court decides whether to admit the appeal and issue notice to the accused. It may call for the trial court record. In serious cases such as murder, appeals are usually heard by a Division Bench, and admission may take more than one date.
Serve the accused and await the final hearing
Once notice is served, the appeal waits for final hearing, which in the Delhi High Court can take years. Keep your address updated with your counsel and watch the cause list for the listing.
Time limits, timelines and court fees
| Stage | Typical time | Court fee and costs |
|---|---|---|
| Applying for certified copy of judgment | Apply the same day; copies usually ready in days to a few weeks | Copying charges as per the court's current rate |
| Victim's appeal against acquittal or lesser conviction | File within 60 days of judgment to be safe; 90 days is the outer limit some courts accept | Nominal court fee for a criminal appeal; check the current fee |
| State appeal against acquittal under Section 419 BNSS | 90 days for the State | Borne by the State |
| Complainant's special leave in a complaint case | 60 days; 6 months if the complainant is a public servant | Nominal court fee; check the current fee |
| Admission hearing in the High Court | Weeks to a few months after filing | No extra court fee |
| Final hearing of a criminal appeal | Often several years in the Delhi High Court, depending on the bench and the backlog | Costs of preparing paper books and copies of the record |
| Application under the Delhi Victims Compensation Scheme | Interim relief can come within weeks; final award usually takes months | No court fee |
Papers a victim should collect
From the trial court
- Certified copy of the judgment and the order on sentence or acquittal
- Copy of the chargesheet and the FIR
- Depositions of all prosecution and defence witnesses
- Exhibited documents: medical reports, post-mortem report, FSL reports, site plan
- Order sheets showing dates of hearing
Proof that you are the victim or legal heir
- Identity proof of the person filing
- Death certificate, if the victim has died
- Family tree, legal heir certificate or ration card showing relationship
- Guardianship proof, if acting for a minor
For compensation
- Hospital bills, discharge summaries and receipts for medicines
- Salary slips, ITRs or proof of income of the victim
- Proof of dependants and their ages
- Bank account details for payment
Your correspondence
- Copy of your letter to the prosecution asking for a State appeal
- Speed post receipts and email confirmations
- Any threats received from the accused's side after the judgment
A made-up example: the acquittal in a Karkardooma assault case
Here's a made-up example. Imran, a 34-year-old electrician from Seelampur, was attacked with an iron rod over a parking dispute and suffered a skull fracture. The police charged two neighbours with attempt to murder. After a six-year trial at the Karkardooma Courts, the Sessions Court acquitted one accused completely and convicted the other only for voluntarily causing hurt, sentencing him to the period already undergone. No compensation was ordered.
Imran's family applied for the certified copy the next day. Their counsel read the depositions and found that the doctor's evidence describing a grievous, life-threatening injury had been mentioned in one line and then ignored, and that the trial court had disbelieved an eyewitness because of a minor difference in the time of the incident.
Within a week, the family wrote to the prosecution asking for a State appeal. Within seven weeks of the judgment, Imran filed his own appeal in the Delhi High Court under the proviso to Section 413 BNSS, challenging the acquittal of the first accused, the lesser conviction of the second, and the absence of compensation. He separately applied to the district legal services authority under the Delhi Victims Compensation Scheme, with his hospital bills and proof of four months' lost earnings.
The High Court admitted the appeal and called for the trial court record. The State's own appeal, filed later, was tagged with Imran's. The final hearing is pending. Meanwhile, the legal services authority granted interim compensation for his medical costs. This example is illustrative only; the outcome of any appeal depends on its own record.
What the High Court looks for in an appeal against acquittal
An appeal against acquittal is hard to win, and a victim should hear this plainly before filing. The accused started with a presumption of innocence, and the acquittal strengthens it. Appellate courts in India follow the rule that if two views of the evidence are reasonably possible and the trial court took one of them, the High Court will not substitute its own view.
The appeals that succeed usually show something concrete: a key witness whose evidence was ignored entirely, medical or forensic evidence misread, a legal mistake such as applying the wrong test for common intention, or reasoning that no reasonable court could reach on the record. General complaints that the judge was biased, or that the accused is powerful, do not help and can harm the appeal's credibility.
The High Court can reverse the acquittal and convict, order a retrial in rare cases, or dismiss the appeal. It can take additional evidence under Section 432 BNSS (old Section 391 CrPC) where that is necessary, but this is exceptional and not a way to fill gaps the prosecution left at trial.
Mistakes victims make after an acquittal
The most common mistake is waiting. Families wait for the State to decide, then wait to collect money, then wait for a relative's advice. By the time they reach a lawyer, three or four months have gone. Delay can be condoned, but it weakens a case that is already uphill.
The second is relying only on the judgment. A judgment summarises evidence in the judge's words. An appeal must show the actual depositions and exhibits. Get the full record early; certified copies of a long trial record take time.
The third is filing in the wrong court. A magistrate's acquittal goes to the Sessions Court, not the High Court. A wrongly filed appeal is returned, and the time lost is not always excused.
The fourth is confusing revision with appeal. Where an appeal lies, a revision is usually not entertained. Our guide on what a criminal revision is and when to file it explains where revision fits, mainly for orders during trial such as framing of charge or summoning.
Advocate B.K. Singh's practical tip for victims is to prepare a one-page chronology of the trial: date of FIR, date of chargesheet, each witness and what they said, and the date of judgment. It helps the appeal lawyer find the weak points in the judgment within the first meeting, and it helps the family explain any delay in filing truthfully and with dates.
Other routes: the accused's bail, revision and the Supreme Court
If the accused was granted bail during trial or after conviction and has since threatened you or a witness, the victim can apply for cancellation of that bail. Our guide on whether bail can be cancelled after it is granted covers the grounds.
If the High Court dismisses your appeal, a special leave petition can be filed in the Supreme Court under Article 136. That court grants leave sparingly in acquittal matters. See when you can go to the Supreme Court against a Delhi High Court judgment before deciding.
For victims who cannot afford counsel, the Delhi High Court Legal Services Committee and the district legal services authorities provide lawyers in criminal appeals, including for victims. Our guide to free legal aid for a Delhi High Court case explains eligibility.
What to do this week
If judgment was delivered recently, apply for the certified copy today and ask the trial court for copies of the depositions and exhibits. Write down the date of judgment and count 60 days from it.
Send a short letter to the prosecution asking that the State file an appeal, and keep proof of delivery. Gather proof of your relationship to the victim if you are a legal heir, and medical and income papers if compensation is in issue. Apply to the district legal services authority for compensation under the scheme if you have not done so.
If the accused has filed an appeal against his conviction, find out the case number from the Delhi High Court's website and ask your lawyer to file an application to be heard before the suspension of sentence is argued. Our page on appeals against conviction in the Delhi High Court explains how those appeals move, and our page on appeals against acquittal explains how a victim's own appeal is prepared.
For advice on your trial papers and whether an appeal is worth filing, or for updates on the law on victims' rights, contact Advocate B.K. Singh.
Frequently asked questions
Can a victim appeal if the public prosecutor refuses to?
Yes. The proviso to Section 413 BNSS gives the victim an independent right of appeal against acquittal, a lesser conviction or inadequate compensation. The prosecutor's decision does not stop it.
Can a victim appeal for a higher sentence for the accused?
No. A victim's appeal covers acquittal, conviction for a lesser offence and inadequate compensation. Only the State can appeal for enhancement of sentence under Section 418 BNSS, so write to the prosecution if the sentence is your concern.
Does a victim need permission from the High Court to appeal an acquittal?
No leave is needed for a victim's appeal, as the Supreme Court held in Mallikarjun Kodagali. The State, by contrast, needs leave of the High Court to appeal an acquittal.
Can the family appeal if the victim was killed?
Yes. Legal heirs fall within the definition of victim in Section 2(1)(y) BNSS and can file the appeal. If the victim filed an appeal and later died, the heirs can continue it.
Will I be informed if the accused files an appeal in the Delhi High Court?
Not always. Notices often go only to the State. Keep track of the case on the court's website and file an application to be heard, especially before any suspension of sentence hearing.
Can I get compensation even if the accused was acquitted?
Yes. Under Section 396 BNSS and the Delhi Victims Compensation Scheme, a victim who needs rehabilitation can be compensated even after an acquittal or where the offender is never traced. Apply to the district legal services authority.
Can a cheque bounce complainant appeal an acquittal as a victim?
The Supreme Court held in 2025 that a cheque bounce complainant is a victim and can appeal an acquittal without seeking special leave. Check which court the appeal goes to based on the court that tried the case.
How long does a victim's appeal take in the Delhi High Court?
Admission usually happens within weeks to a few months. The final hearing can take several years because criminal appeals are heard largely in order of age, though older cases and custody matters are given priority.
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M. More than twenty years in practice before the Supreme Court, the Delhi High Court, Delhi district courts and tribunals. This guide was written and reviewed by his team.
This guide explains the law in general terms and is not legal advice. For advice on your own papers, contact the team.
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