Section 419 BNSS: Appeal in case of acquittal (Formerly Section 378 CrPC)

Section 419 of Bharatiya Nagarik Suraksha Sanhita, 2023: Appeal in case of acquittal

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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).

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Bailable Offence Sec 2(1)(a) Investigation Sec 2(1)(h) Public Prosecutor Sec 2(1)(r)

Legal Commentary & Landmark Judgments: Section 419

Section 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs appeals against acquittals and prescribes the requirement of obtaining leave to appeal.

Appellate Remedies & Forum: Section 419 regulates State and private appeals against acquittals: the District Magistrate or State Government may direct the Public Prosecutor to present an appeal to the Court of Session or High Court from an order of acquittal.
Sub-Section (3): High: Sub-section (3) provides that no appeal under this section to the High Court shall be entertained except with the leave of the High Court.

Sub-section (4) governs complaint cases: if an order of acquittal is passed in a case instituted upon complaint, the complainant must apply for special leave to appeal within six months (for public servants) or sixty days (for others).

Key Landmark Precedents:

Chandrappa v. State of Karnataka (2007) 4 SCC 415: The Supreme Court formulated golden principles for appellate review of acquittals: while the appellate court has full power to review evidence, the presumption of innocence is doubly reinforced by an acquittal; the appellate court must not interfere unless the trial court's view is palpably perverse or untenable.
Ghurey Lal v. State of U.P. (2008) 10 SCC 450: Reiterated that if two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal.

Legal Commentary:

Section 419 safeguards the 'double presumption of innocence' earned by an acquitted person. When opposing an appeal against acquittal, the defense must establish that the trial court's view was a plausible, reasonable view based on evidence, even if another interpretation is conceivable.