Delhi High Court: Only State Can Appeal Against Acquittals in Police Report Cases, Third Parties Lack Locus
Justice Amit Mahajan clarifies Section 378 CrPC gives exclusive right to State in police-report cases
Court dismisses plea by private individual, says only victims or State can challenge acquittals
By Our Legal Reporter
New Delhi, January 8, 2026:
In a significant ruling, the Delhi High Court has held that in criminal cases arising out of a police report, the right to file an appeal against acquittal lies exclusively with the State Government. The Court emphasized that private individuals or third parties cannot maintain such appeals unless they qualify as “victims” under the statutory definition.
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The judgment came in a case where a woman sought to challenge the acquittal of an accused in a forgery matter relating to disputed property. The State had chosen not to file an appeal, prompting her to approach the High Court.
Court’s Observations
Justice Amit Mahajan made the following key points:
- Section 378 of the Code of Criminal Procedure (CrPC) specifically deals with appeals against acquittals.
- In cases instituted upon a police report, the right to appeal is vested exclusively in the State Government through the Public Prosecutor.
- A third party cannot invoke the proviso to Section 372 CrPC unless they fall within the definition of “victim.”
- The Court dismissed the criminal revision petition filed by the woman, reiterating that only the State or a victim has locus standi.
Legal Framework
- Section 378 CrPC: Governs appeals against acquittals. It grants the State the right to appeal in police-report cases.
- Section 372 CrPC (Proviso): Allows victims to appeal against acquittals, but only if they meet the statutory definition of “victim.”
- Victim Definition: A person who has suffered loss or injury due to the crime.
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Why This Matters
- Prevents misuse: Restricting appeals to the State ensures that acquittals are not challenged frivolously by unrelated parties.
- Protects judicial process: Maintains clarity and prevents multiple appeals from different individuals.
- Strengthens victim rights: Victims retain the right to appeal, ensuring justice for those directly affected.
Wider Context
- The ruling aligns with earlier judgments of the Supreme Court, which have consistently held that appeals against acquittals in police-report cases are the prerogative of the State.
- It also clarifies the scope of the 2009 CrPC amendment, which introduced victim rights but did not extend them to unrelated third parties.
- Legal experts say the judgment reinforces the principle of judicial discipline and procedural fairness.
Public Reaction
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- Lawyers and legal scholars welcomed the ruling, saying it prevents abuse of the appeal process.
- Victim rights activists noted that while the ruling limits third-party appeals, it still protects victims’ rights under Section 372.
- Critics argue that in cases where the State fails to act, victims may feel powerless, highlighting the need for stronger victim support mechanisms.
Conclusion
The Delhi High Court’s ruling is a landmark clarification on appeals against acquittals in police-report cases. By affirming that only the State or victims can challenge such acquittals, the Court has reinforced the principles of fairness, judicial discipline, and victim protection. This decision will shape future criminal litigation and ensure that appeals remain within the boundaries set by law.
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