Can a Non-Victim First Informant File a Revision Against Acquittal Under CrPC

Does the First Informant Have a Right to Revision Against Acquittal?

In criminal cases, the roles of the first informant and the victim often overlap but are legally distinct. A common question arises: First Informat is Not Victim he has no Right of Revision. This query highlights a critical distinction under the Criminal Procedure Code (Cr.P.C.), particularly when challenging an order of acquittal. If you're a first informant frustrated by an acquittal and wondering about your options, this post breaks down the legal position, supported by statutes and precedents. Note: This is general information, not specific legal advice. Consult a qualified lawyer for your case.

Understanding the Core Issue: First Informant vs. Victim

The first informant typically files the First Information Report (FIR), kickstarting the investigation. However, they may not always be the victim—the person who suffered direct loss or injury from the crime. Under Cr.P.C., these roles determine procedural rights, especially for post-acquittal remedies.

Victim's Position: Defined broadly as someone who has suffered any loss or injury caused by reason of the act or omission for which the accused has been charged 2024 0 Supreme(Pat) 21.
First Informant's Position: They initiate proceedings but lack equivalent rights unless they are also the victim 2022 2 Supreme 294.

This distinction is pivotal for appeals and revisions against acquittal.

Victim's Absolute Right to Appeal Under Section 372 Cr.P.C.

Post-2008 amendments, Section 372 Cr.P.C. grants victims an absolute right to appeal against acquittal without needing special leave. Under the amended Section 372 of the Cr.P.C., a victim has an absolute right to appeal against an order of acquittal. This right is distinct and does not extend to the first informant if they are not the victim 2022 2 Supreme 294 2014 0 Supreme(Pat) 1034.

Key features:- No requirement for prior court permission, unlike state appeals under Section 378.- Victims can directly approach the Court of Session 2025 Supreme(Online)(Pat) 636.- Even pre-amendment, victims had participatory rights, such as being heard in discharge proceedings: it was incumbent upon the Court of Session to issue notice to the first informant as, being a victim, the first informant had a right to be heard 2024 0 Supreme(Bom) 73.

If the first informant is the victim, they can leverage this right. But when not the victim, they cannot step into the victim's shoes.

No Locus Standi for First Informant in Revisions

Revisions under Section 397 Cr.P.C. allow higher courts to review lower court orders for jurisdictional errors or irregularities. However, this remedy is not freely available to all.

Limited Standing: The first informant, unless they are also the victim, does not have the locus standi to file a revision against an acquittal 2022 2 Supreme 294 2014 0 Supreme(Pat) 1034.
Public Interest Focus: Criminal prosecutions serve society, with the state as the primary prosecutor. Private parties like non-victim informants lack standing 1999 0 Supreme(J&K) 45 1984 0 Supreme(All) 62.
Judicial View: Courts dismiss such revisions as non-maintainable. For instance, where a statutory appeal exists for victims, revisions by others are barred: Since there is a provision of statutory appeal, a revision may also not be entertained 2023 0 Supreme(UK) 619.

Moreover, even if a victim files a revision instead of appeal, courts scrutinize it: In a case where the victim has a right of appeal against the order of acquittal... and the victim has not availed such a remedy... whether the revision application is required to be entertained

Rekha Devi VS State of Bihar - Crimes (2025)

2025 0 Supreme(Pat) 227.

Nuances When First Informant is the Victim

Other precedents clarify scenarios where the first informant is the victim:

Right to Participate: Victims (including informants) must be heard in key proceedings. The extent of the right of the ‘victim’ to participate in the proceedings initiated at his instance 2024 0 Supreme(Bom) 73.
Appeal Preference: Victims enjoy statutory appeal rights without hurdles: the victim has not to pray for grant of special leave to appeal, as the victim has a statutory right of appeal under Section 372 proviso 2025 Supreme(Online)(Pat) 636.
Complainant as Victim: in a given case, a complainant, who is also a victim, can avail right granted under Section 372 of Cr.P.C. 2023 0 Supreme(Mad) 3065.
Private Complaints: Even non-complainant victims can appeal 2023 0 Supreme(Mad) 3065.

However, these rights do not extend to non-victims. Revisions by victims are possible but secondary to appeals, and participation is often limited to being heard, not full party status.

Judicial Precedents Reinforcing the Position

Courts consistently uphold this framework:1. Revisions by non-victims are not maintainable 2022 2 Supreme 294 2014 0 Supreme(Mad) 2265.2. State handles prosecutions; informants cannot usurp this unless aggrieved directly 1999 0 Supreme(J&K) 45 1984 0 Supreme(All) 62.3. Notice to informants (as victims) is mandatory in discharges, but not for revisions by non-victims 2024 0 Supreme(Bom) 73.4. Where appeals are available, revisions are discouraged to avoid parallel remedies 2023 0 Supreme(UK) 619.

In one case, the term victim was analyzed: On careful analysis of the term ‘victim’, it denotes two parts. In the first part ‘victim’ means a person who has suffered any loss or injury 2024 0 Supreme(Pat) 21. This excludes mere informants.

Practical Strategies for First Informants

If you're a first informant not the victim:- Advocate for the Victim: Inform and assist the victim to file an appeal under Section 372. This is the most viable path forward 2022 2 Supreme 294.- State Intervention: Request the public prosecutor to appeal under Section 378.- Avoid Futile Revisions: Courts will likely dismiss for lack of standing, wasting time and resources.

For victims (including informant-victims):- File appeal promptly within limitation periods.- Ensure notice in proceedings: Courts must issue it 2024 0 Supreme(Bom) 73 2020 0 Supreme(Kar) 1043.

Key Takeaways and Conclusion

No Right for Non-Victim First Informants: They lack locus standi for revisions or appeals against acquittal 2022 2 Supreme 294 2014 0 Supreme(Pat) 1034.
Victim's Primacy: Absolute appeal rights under Section 372 prioritize direct sufferers
Rekha Devi VS State of Bihar - Crimes (2025)
.
Procedural Discipline: Stick to statutory remedies; revisions are exceptional.

In summary, the law protects victims while limiting others to supportive roles. Challenging an acquittal requires identifying the right party—the victim. For personalized guidance, engage legal counsel to navigate Cr.P.C. intricacies.