AI Overview...
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Section 372 CrPC - Right to Appeal by Victim
The proviso to Section 372 CrPC grants victims the right to appeal against acquittal orders, emphasizing their locus standi to seek re-examination of judgments. Several sources (e.g., INSC 804, INDCHH00000037948, 02500061302) confirm that victims can file appeals against acquittals and that this right is protected by law, including Supreme Court rulings.
INSC 804, Ram Rekha Dewangan vs Kailash Dewangan - Chhattisgarh, NANHEY SINGH @ DINESH SINGH VS STATE OF U. P. - Allahabad -
Limitation Period for Filing Appeals under Section 372 CrPC
Historically, no specific limitation period has been prescribed for appeals under the proviso to Section 372 CrPC. Courts have held that, in the absence of a prescribed limitation, the appeal can be filed within a reasonable time, and the limitation period does not bar such appeals (e.g., 01500036660, 02800000679, INDCHH00000035266). The 2009 amendment to the CrPC introduced the proviso but did not specify a limitation timeframe, leaving it to judicial interpretation.
Vinod VS State of Kerala - Kerala, Biplab Bhowmik VS Sabitri Banik - Tripura, Manoj Khemani vs Harish Gangwani - Chhattisgarh -
Legal Developments and Judicial Interpretations
Courts have clarified that victims may withdraw and refile appeals without restriction, and the absence of limitation does not impede the filing of appeals under Section 372. The Supreme Court has also reserved liberty for victims to prefer appeals, reinforcing their substantive rights.
CHANDRAKANT DEWANGAN vs Harish Panjwani - Chhattisgarh, Manoj Khemani vs Harish Gangwani - Chhattisgarh -
Impact of Limitation Act and Amendments
While the Limitation Act, 1963, generally prescribes time limits for civil and criminal appeals (e.g., Art. 114), these do not explicitly apply to appeals under the proviso to Section 372 CrPC, which are considered special rights. Judicial pronouncements (e.g., 01400023435) suggest that limitations should not hinder victims’ rights to appeal, and courts may invoke Section 5 of the Limitation Act for condoning delays.
Paye Mosing VS Naba Bora @ Jalia @ Jintu & Ors. - Gauhati, CHANDRAKANT DEWANGAN vs Harish Panjwani - Chhattisgarh
Analysis and Conclusion:
The law recognizes victims’ right to appeal against acquittal under the proviso to Section 372 CrPC, with no strict limitation period prescribed by statute. Courts have consistently held that such appeals can be filed within a reasonable timeframe, and the absence of a limitation clause underscores the importance of victims’ rights. Judicial discretion and principles of justice guide the acceptance and consideration of such appeals, ensuring victims’ substantive rights are protected even if delays occur.
Search Results for "Section 372 Crpc Limitation"
2025 Supreme(Online)(Chh) 10377 • India - IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay S. Agrawal, J
2025 INSC 804 , right to file appeal under proviso to Section 372 Cr.P.C , and, therefore, in the instant case also the appellant may be permitted to withdraw this appeal with liberty to prefer an appeal before the concerned Session Judge under proviso to Section 372 Code of Criminal Procedure, 1973 , against the judgment of acquittal dated 02/12/2022 passed by the Judicial Magistrate First Class, Rajnandgaon (C.G.) in Criminal Case No.3832/2018, whereby, the Respondent/accused has bee....
2015 0 Supreme(Ker) 1301 • India - Kerala
RAJA VIJAYARAGHAVAN V., K.T.SANKARAN
Criminal Procedure Code, 1973 - Section 372 & 378 - Limitation Act - Article 114 - Appeal - Limitation of ... an appeal under proviso to Section 372 Code of Criminal Procedure no period of limitation is prescribed, a period of limitation cannot ... - Scope of - Held, If no period of limitation is prescribed for filing an appeal under the proviso to Section 372 #....
2025 Supreme(Online)(Chh) 7350 • India - IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay S. Agrawal, J
2025 INSC 804 , right to prefer an appeal under the proviso to Section 372 Cr.P.C. was discussed and it was held that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused and such appeal shall lie to the Court to which ... Learned Counsel for the appellant submits further that the Supreme Court in the said matter has reserved the liberty in favour of the petitioner therein to prefer an appeal in the light of the provisions of Section 372 of the #....
2015 0 Supreme(Tri) 624 • India - Tripura
DEEPAK GUPTA
Limitation - Criminal Appeal - Section 372 of Cr. ... under Section 372 of Cr. ... The learned Sessions Judge held that no limitation is prescribed for filing an appeal by a victim under Section 372 of the Cr. ... This Court is not going into this aspect of the matter but for purposes of limitation, I am of the opinion that whether the appeal is under Section....
2025 Supreme(Online)(Chh) 8511 • India - IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Deepak Kumar Tiwari, J
This Acquittal Appeal seeks reversal of the acquittal under Section 138 of the Negotiable Instruments Act, 1881, from the Judicial ... The court affirms that the new appeal should not be hindered by the limitation period. RESULT: The Appeal is disposed of. ... , 2025 INSC 804, right to file appeal under proviso to Section 372 This Acquittal Appeal has been preferred under Section 378 (4) of the Section 138 of the Negotiable Instruments Act, 1881 . 2. ... It is further made clear tha....
2013 0 Supreme(All) 1822 • India - Allahabad
DHARNIDHAR JHA, PANKAJ NAQVI
Criminal Procedure Code, 1973—Section 372, 378, 2(d) and 417(2)—(Indian) Penal Code, 1860—Section 302—Limitation Act, 1963—Article ... 114 and Section 5—Outsider—Right to appeal—Against acquittal—Law of limitation—"Party interested" of a "victim" could have a locus ... prescribed under Section 378 could not be attracted to an appeal filed under Section 372—In term of Article 114 a period of 90 days ... We refer to ....
2025 Supreme(Online)(Chh) 6913 • India - IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay S. Agrawal, J
Ratio Decidendi: The Court emphasized that the appellant could withdraw the appeal and refile it in the Sessions Court without limitation ... the appellant may be permitted to withdraw this appeal with liberty to prefer an appeal before the concerned Session Court under the proviso to Section 372 Cr.P.C . corresponding to Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023. ... He further submits that the limitation may not come in the way while deciding the appeal on its own m....
2025 Supreme(Online)(MP) 3938 • India - High Court of Madhya Pradesh
ACHAL KUMAR PALIWAL, J
(Paras 5-10) ... ... (B) Limitation - Right of victim to appeal under proviso to Section 372 ... (A) Code of Criminal Procedure, 1973 - Section 372, 378(4) - Negotiable Instruments Act, 1881 - Section 138 - Appeal filed by victim ... against acquittal under Section 138 - Apex Court ruling establishes that a victim has a right to appeal against acquittal without ... of BNSS (372 of Cr.P.C .) and he should proceed....
2025 0 Supreme(HP) 1094 • India - IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
VIVEK SINGH THAKUR, RAKESH KAINTHLA
Section 372 . ... The legislature introduced the proviso to Section 372 by way of an amendment to the Code of Criminal Procedure by Code of Criminal Procedure (Amendment Act, 2009) (Act no. 5 of 2009); however, no amendment was carried out in the LIMITATION ACT for prescribing a limitation ... Suresh Singh Saini, learned Legal Aid Counsel for the applicant submitted that the Registry has erred in reporting that the appeal is barred by limit....
2015 0 Supreme(Gau) 1341 • India - Gauhati
P.K.SAIKIA, RUMI KUMARI PHUKAN
Code of Criminal Procedure, 1898 - Section 417 ,372 ,377/378 - Limitation Act, 1963 - Article 114(a) , 114 ... to section 372 CrPC - Misc case is disposed of ... such appeal - Court are of considered opinion that subject to section 5 of of Limitation Act, 1963 periods of limitation prescribed ... proviso to section 372 CrPC. ... What would be the period of #HL_....
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