Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 419: Appeal in case of acquittal.
(1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5),—
- (a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;
- (b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision.
(2) If such an order of acquittal is passed in a case in which the offence has been investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita, the Central Government may, subject to the provisions of sub-section (3), also direct the Public Prosecutor to present an appeal—
- (a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;
- (b) to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision.
(3) No appeal to the High Court under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court.
(4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.
(5) No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal.
(6) If, in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1) or under sub-section (2).
Brefe Detail
This section details the process for appealing acquittals under specific circumstances. It specifies who may direct appeals, the courts to which appeals may be made, conditions for granting special leave to appeal, and the time limits for filing such applications.
Question & Answers
Q1: Who can direct an appeal against an order of acquittal?
A1: The District Magistrate or the State Government can direct the Public Prosecutor to appeal against an order of acquittal.
Q2: To which courts can appeals be made regarding acquittals?
A2: Appeals can be made to the Court of Session from orders of acquittal passed by Magistrates and to the High Court from original or appellate orders of acquittal passed by any court other than a High Court.
Q3: Is special leave required to appeal to the High Court?
A3: Yes, no appeal to the High Court shall be entertained without the leave of the High Court.
Q4: What happens if the High Court grants special leave to appeal?
A4: If granted, the complainant may present the appeal to the High Court.
Q5: What is the time limit for applying for special leave to appeal?
A5: The time limit is six months for public servants and sixty days for others, counted from the date of the acquittal order.
Q6: Can an appeal be made if the application for special leave is refused?
A6: No, if the application for special leave is refused, no appeal from that order of acquittal shall lie.
Example
- If a Magistrate acquits an accused of a cognizable and non-bailable offence, the District Magistrate can direct the Public Prosecutor to appeal to the Court of Session.
- The State Government can appeal to the High Court against an order of acquittal from a lower court, excluding certain specific cases.
- If the High Court grants special leave to a complainant, they can appeal against the acquittal order.
- A complainant must file an application for special leave within six months if they are a public servant, or within sixty days for other cases.
- If an application for special leave is denied, the acquitted individual cannot be appealed against under the same order.
Summary
Section 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedures for appealing against acquittal orders. It specifies the authorities who can initiate appeals, the required permissions for high court appeals, the timeframes for filing special leave applications, and the implications of refusing such applications.
