Code
(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).
Explanation of Section 419 BNSS
This section provides a clear mechanism for appealing against acquittals, ensuring that wrongful acquittals can be challenged by the government and complainants.
1. Who Can File an Appeal Against Acquittal?
- District Magistrate → Can appeal against acquittals by a Magistrate in a cognizable & non-bailable offense.
- State Government → Can appeal against acquittals by any court except the High Court.
- Central Government → Can appeal if the offense was investigated by a Central agency under a Central Act.
- Private Complainants → Can appeal only if High Court grants special leave.
2. Where Will the Appeal Be Filed?
- Acquittal by Magistrate (Cognizable & Non-bailable cases) → Appeal goes to Court of Session.
- Acquittal by Any Other Court (Except High Court) → Appeal goes to High Court.
3. Special Leave for Private Complainants
- If the case was filed through a private complaint, the complainant needs special permission (leave) from the High Court before appealing.
- If the complainant is a public servant, they must apply within 6 months.
- In all other cases, the complainant must apply within 60 days.
4. What Happens If Special Leave is Denied?
- If the High Court refuses to grant special leave, then no appeal can be filed by the government or complainant under this section.
Illustrations
Example 1: Appeal by District Magistrate
A Magistrate acquits Rajesh in a cognizable and non-bailable offense. The District Magistrate finds the acquittal unjust and directs the Public Prosecutor to file an appeal in the Court of Session.
Example 2: State Government Appeals an Acquittal
The Sessions Court acquits Priya in a high-profile corruption case. The State Government, dissatisfied with the verdict, directs the Public Prosecutor to appeal to the High Court.
Example 3: Private Complainant Appeals Acquittal
Meera filed a cheating case against her business partner. The Magistrate acquitted the accused. Meera applies to the High Court for special leave. Since she is not a public servant, she must apply within 60 days.
Example 4: High Court Refuses Special Leave
A social activist appeals against the acquittal of a corporate executive in an environmental pollution case. The High Court refuses to grant special leave, meaning no further appeal can be filed under this section.
Common Questions and Answers
1. Can a victim file an appeal against acquittal under this section?
No, unless they were the original complainant in a private complaint case. If the case was initiated by the police or government, only the District Magistrate, State Government, or Central Government can appeal.
2. What happens if the High Court denies special leave?
If the High Court refuses to grant special leave, then no further appeal can be filed under this section by the State, Central Government, or complainant.
3. What is the deadline for filing a complainant’s appeal?
- Public servant complainant → 6 months from acquittal.
- Other complainants → 60 days from acquittal.
4. Can the State Government and Central Government both appeal in the same case?
Yes, if the offense was investigated by a Central agency, both State and Central Governments can file appeals under different circumstances.
Conclusion
Section 419 BNSS ensures that wrongful acquittals do not go unchallenged, allowing the State, Central Government, and private complainants to seek justice. It establishes clear appeal procedures, time limits, and a requirement for special leave in private complaints. However, it also prevents unnecessary appeals by making the High Court’s denial of special leave final.
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