Kerala High Court Bars Victims from Filing Second Appeal Against Acquittal

Kerala High Court Bars Victims from Filing Second Appeal Against Acquittal

Landmark ruling clarifies BNSS provisions on appeals

Court stresses victims have right to “an appeal,” not multiple appeals

By Our Legal Correspondent

New Delhi: January 12, 2026:

In a landmark decision, the Kerala High Court has held that a victim cannot file a second appeal against the acquittal of an accused by seeking special leave from the High Court under Section 419(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The ruling, delivered by Justice Bechu Kurian Thomas, came in the case of Gopala Krishnan v. State of Kerala and Ors. and has far-reaching implications for criminal jurisprudence in India.

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The judgment clarifies that once a victim has exercised the right to appeal under Section 413 BNSS (or its equivalent under the Criminal Procedure Code), they cannot file another appeal against the same acquittal. This decision reinforces the principle that the law allows victims “an appeal” and not “appeals”, thereby preventing multiple challenges to the same acquittal.

Background of the Case

• The petitioner alleged offences under Sections 420 and 415 read with Section 34 of the IPC, along with violations of the Kerala Money Lenders Act, 1958 and the Chit Funds Act, 1982.
• The trial court acquitted the accused, and the victim filed an appeal before the Sessions Court, which dismissed the case.
• Dissatisfied, the victim attempted to file a second appeal before the High Court, invoking Section 419(4) BNSS.
• The Registry flagged the defect, noting that a second appeal was not maintainable. This was challenged by the petitioner.

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Court’s Observations

Justice Bechu Kurian Thomas relied on the Supreme Court’s ruling in Asian Paints Limited v. Ram Babu, which emphasized that once an appellate remedy is invoked, the same party cannot prefer another appeal in the form of a second appeal.

Key points from the judgment:

• Section 413 BNSS grants victims the right to file an appeal against acquittal.
• This right does not extend to filing multiple appeals against orders affirming acquittal.
• The High Court clarified that while the Supreme Court’s appellate jurisdiction under Articles 132, 134, and 136 of the Constitution allows broader scope, the BNSS provisions restrict victims to a single appeal.
• The defect noted by the Registry was upheld, and the second appeal was dismissed as not maintainable.

Wider Legal Context

This ruling comes alongside other Kerala High Court decisions that have shaped victims’ rights under BNSS:

• In another case, the Court held that a victim’s appeal against acquittal can be summarily dismissed if no prima facie arguable case exists.
• The Court applied Section 425 BNSS, which allows summary dismissal of appeals, to victim appeals under Section 413.

Together, these rulings establish a consistent judicial approach: victims have the right to appeal, but it is limited, and frivolous or repetitive appeals will not be entertained.

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Implications of the Judgment

• Judicial efficiency: Prevents repeated litigation over the same acquittal.
• Clarity for victims: Victims must carefully prepare their first appeal, knowing they cannot file another.
• Balance of rights: Protects accused persons from endless appeals while ensuring victims retain a statutory right to challenge acquittals.
• Legal precedent: Strengthens interpretation of BNSS, which replaced the Criminal Procedure Code in 2023.

Case Details

• Case Title: Gopala Krishnan v. State of Kerala and Ors.
• Case No.: Crl.L.P. (Filing No.366/2025)
• Judgment Date: January 10, 2026
• Judge: Justice Bechu Kurian Thomas
• Counsel for Petitioner: T.P. Pradeep, P.K. Sathees Kumar, R.K. Prasanth, Minikumary M.V., Jijo Joseph
• Counsel for Respondents: Sreeja V. (Public Prosecutor)
• Amicus Curiae: Krishnapriya Sreekumar

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Conclusion

The Kerala High Court’s ruling is a milestone in criminal law, ensuring that victims’ rights are respected but not stretched beyond legislative intent. By limiting victims to a single appeal, the Court has struck a balance between justice for victims and protection against harassment for accused persons.

This judgment will serve as a guiding precedent for courts across India, especially as BNSS continues to reshape criminal procedure.

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