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Opposite of Victim: Understanding the Person Who Commits the Crime in Law

In criminal law, the victim suffers harm from a crime, while the opposite of victim – the person who committed the crime – is the accused or perpetrator. This fundamental distinction drives legal proceedings, from FIR registration to trials and appeals. But what happens when parties settle? Can courts quash cases? Who has appeal rights? This post breaks down key Supreme Court insights on these dynamics, drawing from landmark judgments.

Disclaimer: This is general information based on case law, not specific legal advice. Consult a qualified lawyer for your situation, as outcomes vary by facts and jurisdiction.

Core Legal Distinction: Victim vs. Accused

The victim endures loss or injury – physical, mental, financial, or legal – due to the accused's act or omission. The person who committed the crime (accused) faces prosecution. Section 2(wa) of CrPC defines 'victim' as a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged. This includes guardians or heirs if the victim dies. Celestium Financial VS A. Gnanasekaran Etc. - 2025 5 Supreme 455

Conversely, the accused enjoys presumption of innocence until proven guilty. Appellate courts reinforce this with a double presumption in acquittal appeals: innocence plus trial court reinforcement. If two views are possible on evidence, the accused-favorable one stands. Chandrappa VS State of Karnataka - 2007 2 Supreme 177

Key Case Example

Firstly, the presumption of innocence available to him under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law. Chandrappa VS State of Karnataka - 2007 2 Supreme 177

Quashing FIRs and Compounding: Limits on Courts

High Courts wield inherent powers under Section 482 CrPC to quash proceedings for justice, but not to bypass laws. Quashing (making proceedings futile post-compromise) differs from compounding (settling compoundable offences under Section 320 CrPC).

• Non-compoundable offences (e.g., 120B, 420 IPC) can't be converted to compoundable by quashing. By quashing a proceeding Court does not convert a non-compoundable offence into a compoundable one. GIAN SINGH VS STATE OF PUNJAB - 2012 7 Supreme 1


• Section 482 powers aren't limited by Section 320 but must meet ends of justice. Matrimonial cases (e.g., 498A IPC) may allow quashing on mutual divorce to avoid prolonged litigation. B. S. Joshi VS State Of Haryana - 2003 3 Supreme 227

For Section 307 IPC (attempt to murder) – a heinous societal crime – settlements rarely justify quashing, as it's crime against society. Yet, in long-standing disputes with unlikely witnesses post-compromise, quashing may occur. Narinder Singh VS State of Punjab - 2014 2 Supreme 642

Matrimonial Exception: High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint regarding non-compoundable offences... Section 320 of Cr.P.C. 1973 does not limit... B. S. Joshi VS State Of Haryana - 2003 3 Supreme 227

Victim Rights: Appeals and Beyond

Victims gained stronger rights via CrPC's proviso to Section 372 (2019 amendment). Any victim – even in private complaints like NI Act Section 138 – can appeal acquittals without state/complainant restrictions.

• No conditions like Section 378(4) apply; it's a standalone right.


• Covers physical, mental, financial loss directly from accused's act.


• NI Act victims (cheque bounce) qualify as both complainant and victim. Celestium Financial VS A. Gnanasekaran Etc. - 2025 5 Supreme 455

POCSO Act mandates informing victims/guardians of verdicts for appeals. Failure violates rights; courts must notify to enable Section 372 appeals. State Of Gujarat vs Sanjay Mangaji Thakor - 2026 Supreme(Guj) 89

However, not everyone claiming loss is a victim. A loan surety suffering indirectly from cheating isn't, as loss must directly stem from the charged act. Loss alleged to have been sustained by appellant is not a direct consequence of crime... too remote. Jacob Mani VS State of Kerala

Evidence and Conviction: Proving the Perpetrator

Courts rely on victim testimony (especially in sexual offences), medical evidence, and witnesses. In POCSO cases, prosecutrix statements under Section 164 CrPC, if consistent, suffice without corroboration if credible. S. Senthil Kumar VS District Superintendent of Police, Tirupur - 2021 Supreme(Mad) 2080 Pramod @ Nanhu Tiwari S/o Chandrika Prasad Tiwari vs State Of Chhattisgarh Through Police Station Marwahi, District Bilaspur - 2025 Supreme(Chh) 69

Extra-judicial confessions by the accused hold high value if voluntary and unambiguous: An unambiguous extra-judicial confession possess high probative value as it springs from the person who committed crime provided it is free from suspicion. Vasant Marotrao Karare VS State of Maharashtra - 2004 Supreme(Bom) 137

Burden on Prosecution: Must prove age (for POCSO), caste knowledge (SC/ST Act), and guilt beyond doubt. Failure leads to acquittal or modified convictions. Deo Narayan Yadav @ Bhulla Yadav, Son of Tarkeshwar Yadav VS State of Bihar - 2024 Supreme(Pat) 663 Pramod @ Nanhu Tiwari S/o Chandrika Prasad Tiwari vs State Of Chhattisgarh Through Police Station Marwahi, District Bilaspur - 2025 Supreme(Chh) 69

Appeal Against Acquittal Principles

Appellate courts review evidence fully but hesitate if trial court's accused-favorable view is plausible:
1. Full power to reappraise evidence.
2. Double presumption favors accused.
3. Don't disturb if two views possible. Chandrappa VS State of Karnataka - 2007 2 Supreme 177

Special Contexts: Public Servants, Elections, Passports

• Corruption/Public Servants: Settlements irrelevant; offences demand prosecution. Courts disapprove sympathy diluting FIRs. State Of Haryana VS Bhajan Lal - 1990 Supreme(SC) 740


• Natural Justice: Applies to accused in passport impounding (post-order hearing required) or tenders (pre-decision hearing). Maneka Gandhi VS Union Of India - 1978 Supreme(SC) 29 Tata Cellular VS Union Of India - 1994 Supreme(SC) 697


• Elections: Comprehensive process; wrongs challenged post-result via petitions, with natural justice in poll cancellations. Mohinder Singh Gill VS Chief Election Commissioner, New Delhi - 1977 Supreme(SC) 350

Key Takeaways

• Opposite of victim = Accused/Perpetrator – presumed innocent, protected rigorously.


• Courts balance justice: Quash non-heinous cases post-settlement, but society-first for grave crimes like 307 IPC.


• Victims empowered: Direct appeal rights, notifications mandatory.


• Evidence rules: Victim testimony strong, but prosecution proves all.

| Scenario | Quashing Possible? | Rationale |
|----------|-------------------|-----------|
| Matrimonial (498A) | Often yes B. S. Joshi VS State Of Haryana - 2003 3 Supreme 227 | Ends prolonged fights |
| Attempt Murder (307) | Rarely Narinder Singh VS State of Punjab - 2014 2 Supreme 642 | Societal crime |
| Cheating (420) | Case-by-case GIAN SINGH VS STATE OF PUNJAB - 2012 7 Supreme 1 | Non-compoundable limits |

Understanding these nuances helps navigate criminal law. For personalized guidance, seek professional advice.

Sources: Supreme Court judgments including B.S. Joshi, Nikhil Merchant GIAN SINGH VS STATE OF PUNJAB - 2012 7 Supreme 1, and recent BNSS interpretations Jacob Mani VS State of Kerala.