Rajasthan High Court: Only if complainant is not 'victim' of crime, leave to appeal against acquittal is required under S.419(4) of BNSS

The Rajasthan High Court in the case Ashraj Stone Private Limited v Karav International observed and has clarified that in cases where the complainant is a ‘victim’ of crime, as defined as stated under Section 2(y) of Bharatiya Nagarik Suraksha Sanhita, BNSS, she or he is not required to prefer an application before the High Court wherein seeking leave to appeal against acquittal, as it is provided under Section 419(4) of Bharatiya Nagarik Suraksha Sanhita, 2023, BNSS.

The section 419(4) of Bharatiya Nagarik Suraksha Sanhita, 2023 provides that in a situation where an acquittal order is being passed in a case, the complainant can appeal against the same to the high court after the high court grants a special leave to appeal to that effect.

The bench headed by Justice Birendra Kumar in the case observed and has clarified that a leave to appeal was required by the complainant, as mentioned under Section 419(4) of Bharatiya Nagarik Suraksha Sanhita, BNSS in cases where the complainant was not the victim and since the criminal proceedings could be set in motion by anyone having knowledge of commission of any cognizable offences, if a complaint was filed by a person who was not a victim, then such person would need a leave of appeal under this provision.