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In a landmark ruling, the Supreme Court expanded victims’ rights to allow them and their legal heirs to challenge acquittals.
Victims’ heirs can pursue appeals if accused are let off, says Supreme Court. (IMAGE: PTI FILE)
The Supreme Court in a landmark interpretation of criminal law expanded the rights of victims of crime on Wednesday allowing them and their legal heirs to challenge orders that have acquitted the accused persons, according to a report by the Times of India.
According to the report, a bench of Justices BV Nagarathna and KV Viswanathan held that the ambit of “victims of crime” for the purpose of filing appeals must include the legal heirs of the victim if the victim dies during the pendency of the appeal.
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“A person convicted of a crime has the right to prefer an appeal under Section 374 of the CrPC as a matter of right and not being subjected to any conditions. Similarly, a victim of a crime, whatever be the nature of the crime, must have a right to prefer an appeal as per the CrPC,” Justice Nagarathna observed.
The court noted that if a victim has the right to appeal against an acquittal or a reduced sentence for the accused, that right would also extend to the victim’s legal heirs in the event of the victim’s death after filing the appeal.
“Hence, the statutory rigours for filing an appeal by the State or by a complainant against an order of acquittal, which requires court permission, cannot be read into the proviso to Section 372 of the CrPC so as to restrict the right of a victim to file an appeal when no such restriction exists,” the court said, according to the ToI.
Authoring the 58-page judgment, Justice Nagarathna underlined that a victim’s right to appeal against an acquittal, inadequate sentence, or insufficient compensation “cannot be circumscribed,” while referring to earlier Supreme Court rulings and Law Commission reports.
About the Author
Shankhyaneel Sarkar is a senior subeditor at News18. He covers international affairs, where he focuses on breaking news to in-depth analyses. He has over five years of experience during which he has covered sev…Read More
Shankhyaneel Sarkar is a senior subeditor at News18. He covers international affairs, where he focuses on breaking news to in-depth analyses. He has over five years of experience during which he has covered sev… Read More
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