Sec. 372

Sec. 372 In our opinion, the proviso to Section 372 of the Cr.P.C. must also be given a meaning that is realistic, liberal, progressive and beneficial to the victim of an offence. There is a historical reason for this, beginning with the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, adopted by the General Assembly of the United Nations in the 96th Plenary Session on 29th November, 1985. The Declaration is sometimes referred to as the Magna Carta of the rights of victims. One of the significant declarations made was in relation to access to justice for the victim of an offence through the justice delivery mechanisms, both formal and informal. Interestingly, Section 372 of CrPC which was amended in the year 2008 to give a right to the victim is a negative section which specifically provided, before its amendment, that no appeal would lie from any judgment or order of a criminal Court except as provided for by the CrPC or by any other law in force. The Legislature while giving a victim the right to appeal did not, for reasons best known to it, give this right to file appeal to the victim under Section 378 of CrPC or any other specific section. Surprisingly this right to the victim was given as a proviso to Section 372 of CrPC. This proviso is not very happily worded. Be that as it may, the fact is that a victim now has a right to appeal under this proviso. He can file the appeal against the following orders: (i) any order passed by a Court acquitting the accused; (ii) any order passed by a Court where the accused is convicted of a lesser offence but the victim feels that he should have been convicted for a higher offence. Obviously the appeal lies against the acquittal of the accused for a higher offence; (iii) an appeal lies where the victim is not satisfied by the quantum of compensation awarded. 

Case Law:

Mallikarjun Kodagali (D) represented through Legal Representatives V. State of Karnataka 

Citation:

2018 (14) SCALE 32:

AIR 2018 SC 5206