Asian Paints Limited v. Ram Babu, 2025 INSC 828 – ‘Victim’ Can File an Appeal in a Criminal Case

Saji Koduvath, Advocate, Kottayam.

Abstract

In criminal cases, the ‘victim’ (injured person) can file an Appeal against the acquittal of the accused, even though the victim is not the complainant.

Appeal by a Victim in a Criminal Case

Relevant provisions in the Criminal Procedure Code, 1973 relating to Appeals in Criminal Cases are the following:  

  • Section 2(wa). Definitions “victim” –
  • Section 372. No appeal to lie unless otherwise provided
  • Note: Proviso to Sec. 372 says – ‘victim shall have a right to prefer an appeal’.
  • Section 374. Appeals from convictions
  • Section 378. Appeal in case of acquittal

Asian Paints Limited v. Ram Babu, on 14 July 2025

The recent decision of the Supreme Court of India, Asian Paints Limited v. Ram Babu, 2025 INSC 828 (Prashant Kumar Mishra, Ahsanuddin Amanullah, JJ.) considered the relevant provisions relating to appeals in Criminal cases and delivered a noticeable decision. It affirmed the following three earlier decisions:

  • Mallikarjun Kodagali v State of Karnataka, (2019) 2 SCC 752 (3-Judge Bench, by a majority),
  • Jagjeet Singh v Ashish Mishra alias Monu, (2022) 9 SCC 321,
  • Mahabir v State of Haryana, 2025 SCC OnLine SC 184.

Findings in Asian Paints Limited v. Ram Babu, 2025 INSC 828, in Nutshell

The Apex Court held in Asian Paints Limited v. Ram Babu, 2025 INSC 828, in a nutshell, that it is quite clear, based on the plain language of the law (Sec. 2(wa) read with proviso to 372 CrPC)–

  • a ‘victim’ would be entitled to file an appeal against any order acquitting the accused (or convicting for a lesser offence or imposing inadequate compensation).

Impugned View of the High Court (Set Aside by the Apex Court)

The impugned view of the High Court (set aside by the Apex Court) was that the ‘complainant’ who actually filed the written complaint alone can maintain an appeal as a ‘victim’, and that the ‘complainant’ in a case instituted upon a police report could file appeal only after seeking the leave of the High Court invoking the provisions of Section 378(3) of the CrPC.

The High Court had held as under:

  • ‘This is a case instituted upon a police report and only in cases instituted upon private complaint, leave to appeal under Section 378(4) of Cr.P.C. is maintainable. Therefore, leave to appeal against order of acquittal in appeal is also not maintainable in the instant case.’

Jagjeet Singh v Ashish Mishra alias Monu, (2022) 9 SCC 321

In Asian Paints Limited v. Ram Babu, 2025 INSC 828, the Supreme Court quoted and followed its earlier decision in Jagjeet Singh v Ashish Mishra alias Monu, (2022) 9 SCC 321. It reads as under:

  • ‘23. A “victim” within the meaning of CrPC cannot be asked to await the commencement of trial for asserting his/her right to participate in the proceedings. He/She has a legally vested right to he heard at every step post the occurrence of an offence. Such a “victim” has unbridled participatory rights from the stage of investigation till the culmination of the proceedings in an appeal or revision. We may hasten to clarify that “victim” and “complainant/informant” are two distinct connotations in criminal jurisprudence. It is not always necessary that the complainant/informant is also a “victim”, for even a stranger to the act of crime can be an “informant”, and similarly, a “victim” need not be the complainant or informant of a felony.’

Mallikarjun Kodagali v State of Karnataka, (2019) 2 SCC 752,

In Asian Paints Limited v. Ram Babu, 2025 INSC 828, the Supreme Court also followed Mallikarjun Kodagali v State of Karnataka, (2019) 2 SCC 752. It has been held by a 3-Judge Bench, by a majority of 2:1, that a victim, as defined in Section 2(wa) of the CrPC, would be entitled to file an appeal before the Court to which an appeal ordinarily lies against the order of conviction. It is held as under:

  • “73. In our opinion, the proviso to Section 372 CrPC must also be given a meaning that is realistic, liberal, progressive and beneficial to the victim of an offence. There is a historical reason for this, beginning with the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, adopted by the General Assembly of the United Nations in the 96th Plenary Session on 29-11-1985. The Declaration is sometimes referred to as the Magna Carta of the rights of victims. One of the significant declarations made was in relation to access to justice for the victim of an offence through the justice delivery mechanisms, both formal and informal. In the Declaration it was stated as follows:
  • “4. Victims should be treated with compassion and respect for their dignity. They are entitled to access to the mechanisms of justice and to prompt redress, as provided for by national legislation, for the harm that they have suffered.
  • 5. Judicial and administrative mechanisms should be established and strengthened where necessary to enable victims to obtain redress through formal or informal procedures that are expeditious, fair, inexpensive and accessible. Victims should be informed of their rights in seeking redress through such mechanisms.
  • 6.The responsiveness of judicial and administrative processes to the needs of victims should be facilitated by:
  • Informing victims of their role and the scope, timing and progress of the proceedings and of the disposition of their cases, especially where serious crimes are involved and where they have requested such information;
  • Allowing the views and concerns of victims to be presented and considered at appropriate stages of the proceedings where their personal interests are affected, without prejudice to the accused and consistent with the relevant national criminal justice system;
  • Providing proper assistance to victims throughout the legal process;
  • Taking measures to minimise inconvenience to victims, protect their privacy, when necessary, and ensure their safety, as well as that of their families and witnesses on their behalf, from intimidation and retaliation;
  • Avoiding unnecessary delay in the disposition of cases and the execution of orders or decrees granting awards to victims.
  • 7. Informal mechanisms for the resolution of disputes, including mediation, arbitration and customary justice or indigenous practices, should be utilised, where appropriate, to facilitate conciliation and redress for victims.”
  • 76. As far as the question of the grant of special leave is concerned, once again, we need not be overwhelmed by submissions made at the Bar. The language of the proviso to Section 372 CrPC is quite clear, particularly when it is contrasted with the language of Section 378(4) CrPC. The text of this provision is quite clear and it is confined to an order of acquittal passed in a case instituted upon a complaint. The word “complaint” has been defined in Section 2(d) CrPC and refers to any allegation made orally or in writing to a Magistrate. This has nothing to do with the lodging or the registration of an FIR, and therefore it is not at all necessary to consider the effect of a victim being the complainant as far as the proviso to Section 372 CrPC is concerned.”

Mahabir v State of Haryana, 2025 SCC OnLine SC 184

In Asian Paints Limited v. Ram Babu, 2025 INSC 828, the Supreme Court quoted the following from  Mahabir v State of Haryana, 2025 SCC OnLine SC 184, where it isobserved as under:

  • “53. Therefore, by the aforesaid provision a right has been created in favour of the victim, which was not existing earlier in the Code, i.e., that a victim shall have a right to prefer an appeal against any order passed by the court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation. The plain reading of the statement of objects and reasons for introducing the proviso to Section 372 CrPC makes it clear that it wanted to confer certain rights on the victims. It has been noted therein that the victims are the worst sufferers in a crime, and they don’t have much role in the court proceedings. They need to be given certain “rights” and compensation, so that there is no distortion of the criminal justice system. This, by itself, is clear that the object of adding this proviso is to create a right in favour of the victim to prefer an appeal as a matter of right. It not only extends to challenge the order of acquittal, but such appeal can also be filed by the victim if the accused is convicted for a lessor offence or if the inadequate compensation has been imposed.
  • 54. Thus, it is clear as per the golden rule of interpretation, that the ‘proviso’ is a substantive enactment, and is not merely excepting something out of or qualifying what was excepting or goes before. Therefore, by adding the ‘proviso’ in Section 372 of CrPC by this amendment, a right has been created in favour of the victim.”

Foot Note:

Appeal by a Victim in a Criminal Cases

Relevant provisions relating to Appeal in Criminal Cases are Sections 2(wa), 372, 374, and 378 of the CrPC.  

Section 2(wa):

  • ‘2. Definitions.— In this Code, unless the context otherwise requires,—
  • … (wa) “victim” means 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 and the expression “victim” includes his or her guardian or legal heir …

Section 372. No appeal to lie unless otherwise provided—

  • No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force:
  • Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.

Section 374. Appeals from convictions—

  • (1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.
  • (2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years has been passed against him or against any other person convicted at the same trial, may appeal to the High Court.
  • (3) Save as otherwise provided in sub-section (2), any person—
    • (a) convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the first class, or of the second class, or(b) sentenced under Section 325, or
    • (c) in respect of whom an order has been made or a sentence has been passed under Section 360 by any Magistrate, may appeal to the Court of Session.
  • (4) When an appeal has been filed against a sentence passed under Section 376, Section 376-A, Section 376-AB, Section 376-B, Section 376-C, Section 376-D, Section 376- DA, Section 376-DB or Section 376-E of the Indian Penal Code (45 of 1860), the appeal shall be disposed of within a period of six months from the date of filing of such appeal. xxx

Section 378. Appeal in case of acquittal—

  • Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5),—
    • (a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;
    • (b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court not being an order under clause (a)] or an order of acquittal passed by the Court of Session in revision.
  • (2) If such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, the Central Government may, subject to the provisions of sub-section (3), also direct the Public Prosecutor to present an appeal—
    • (a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;
    • (b) to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision.
  • (3) No appeal to the High Court under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court.
  • (4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.
  • (5) No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal.
  • (6) If, in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1) or under sub-section (2).’

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