Victim's Appeal Against Acquittal -- Appeal Against Magistrate's Order -- Lies before Court of Session, not High Court, mirroring forum for appeal against conviction
Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.413, 415(3), 419 -- Victim's Appeal Against Acquittal -- Appeal Against Magistrate's Order -- A victim's appeal against an order of acquittal, conviction for a lesser offence, or inadequate compensation, filed under the proviso to Section 413 BNSS, lies before the same Court to which an appeal ordinarily lies against an order of conviction passed by that Court. Since an accused convicted by a Magistrate of the First or Second Class can appeal to the Court of Session under Section 415(3) BNSS, a victim's appeal against an acquittal passed by such a Magistrate must also be filed before the Sessions Court, and not the High Court. Section 419 BNSS, which generally governs appeals against acquittal, does not apply to a victim's appeal in view of the specific remedy provided under the proviso to Section 413.
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