Victim's appeal against a Magistrate's acquittal lies before Sessions Court: SC on BNSS
On 22 September 2026, the Supreme Court ruled that under Section 413 of the BNSS, a victim appealing a Magistrate's acquittal must go to the Sessions Court, not the High Court.
The Supreme Court has settled where a victim should file an appeal under India's new criminal procedure law. On 22 September 2026, in Subhas Chandra Sarkar v. State of West Bengal (2026 INSC 1052), a bench of Justice J.B. Pardiwala and Justice K. Vinod Chandran held that when a Judicial Magistrate acquits an accused, the victim's appeal lies before the Sessions Court.
The law
Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced Section 372 of the old Code of Criminal Procedure. Its proviso gives a victim the right to appeal against an order that:
- acquits the accused,
- convicts the accused of a lesser offence, or
- awards inadequate compensation.
The proviso says such an appeal "shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court".
What happened
After a Judicial Magistrate acquitted the accused, the victim appealed to the Calcutta High Court. The High Court held that the appeal was not maintainable before it and allowed the victim to approach the Sessions Court. The Supreme Court agreed with this view.
What the Court held
Appeals against convictions by a Magistrate go to the Sessions Court. So under the proviso to Section 413, a victim's appeal against a Magistrate's acquittal must also be filed in the Sessions Court, not the High Court.
Why it matters
- Saves time: Victims and their lawyers will not lose months filing in the wrong forum.
- Easier access: Sessions Courts operate at district level, so they are usually closer and cheaper for victims to approach than a High Court.
- Clarity under the new laws: The BNSS came into force on 1 July 2024, and the Supreme Court is gradually clarifying how its provisions work in practice.
Practical tip
If you are a victim in a case decided by a Magistrate and want to challenge an acquittal, a lesser conviction or inadequate compensation, talk to a lawyer promptly about filing before the Sessions Court within the limitation period.
Frequently asked questions
Which section of the BNSS gives victims a right to appeal?
The proviso to Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Where does a victim appeal against a Magistrate's acquittal?
Before the Sessions Court, the same court that hears appeals against a Magistrate's convictions.
Sources
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